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Dental Advice Network

Members Agreement

Effective Date: 14 October 2024

1. About this Agreement

  1. 1.1

    This Agreement is between Dental Advice Network Pty Ltd ABN 18 680 185 602 (DAN, we, us) and the person who registers for a DAN account or membership (Member, you). It governs your access to and use of the Website, the resource library, the query service, and the Media Library (together, the Services).

  2. 1.2

    You accept this Agreement by ticking the acceptance box at registration or checkout, or by using the Services. If you do not agree, do not register or use the Services.

  3. 1.3

    From the Effective Date this Agreement replaces the DAN Subscriber Agreement dated 14 October 2024 for all members.

  4. 1.4

    Access provided through an organisation (including a Team Account or corporate arrangement) is governed by a separate written agreement between DAN and that organisation (Organisational Agreement). If you use the query service through an organisational account, the Organisational Agreement prevails over this Agreement to the extent of any inconsistency for that access.

2. Definitions

Available Queries
means the unused Queries recorded against your account, comprising Included Queries and Queries purchased in Query Packs.
Business Day
means a day other than a Saturday, Sunday or public holiday in New South Wales.
Consultant
means an independent practitioner or professional engaged by DAN to provide written opinions to Members.
Core Resources and Clinician Resources
mean the resource collections described on the Website from time to time, being respectively the foundational resources available to all account types and the applied clinical resources available to paid memberships.
Included Queries
means the Queries credited with an Essential membership on commencement and on each successful renewal, in the number stated on the Website (currently three).
Membership Year
means the twelve-month period beginning on the date your membership commences or last renewed.
Query
means a single request for a written opinion submitted through the query form on the Website.
Query Pack
means a prepaid bundle of Queries purchased through the Website.
Services
means the services DAN provides under this Agreement, being access facilitated by DAN to: (a) written opinions from Consultants through the query service; (b) the educational resources on the Website; and (c) the DAN Media Library of recorded videos. For clarity, the professional opinions themselves are provided by Consultants, not by DAN.
Website
means dentaladvicenetwork.com.au, including the members’ area.
Intellectual Property Rights, Privacy Policy, ACL and GST
have their usual meanings; the ACL is the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), and the Privacy Policy is DAN’s privacy policy as published on the Website from time to time.

3. The nature of the Services

Important
  1. 3.1

    DAN facilitates access to written opinions from independent Consultants. DAN does not itself provide clinical, legal, financial or other professional advice. Each opinion is the Consultant’s own, prepared on the information you supply, for you to consider.

  2. 3.2

    You remain solely responsible at all times for your professional judgment and for the care and treatment of your patients, including diagnosis, treatment, consent, records and compliance with your professional obligations. Opinions inform your judgment; they do not replace it.

  3. 3.3

    DAN is not a referral centre, does not accept or treat patients, and does not provide diagnosis or treatment.

  4. 3.4

    The Services are educational and informational. Responses are general professional guidance based solely on the information provided and must be applied using your own discretion.

  5. 3.5

    The Services are not an emergency or urgent-care service and must not be relied on for urgent patient care. Priority handling and the phone-contact option for time-sensitive matters remain subject to clause 8.

4. Accounts and eligibility

  1. 4.1

    Membership is personal to you. Each person may hold one active individual membership only, and memberships and Queries are not transferable.

  2. 4.2

    Paid memberships are available to dental and oral health practitioners, including dentists, dental hygienists, dental therapists, oral health therapists and dental prothetists. Student membership is available under clause 6.

  3. 4.3

    You must provide accurate account details and keep them current. Responses to Queries are delivered to your nominated email address, so that address must be one you check and control.

  4. 4.4

    You must keep your login credentials confidential and not share them or allow any other person to access the Services through your account. You are responsible for activity on your account and must notify DAN promptly of any suspected unauthorised use. This clause does not apply to a shared organisational login expressly authorised under an Organisational Agreement.

  5. 4.5

    You must not interfere with the Services, circumvent access controls, or use any automated system to access, extract or scrape the Services or their content.

5. Membership tiers and resources

  1. 5.1

    DAN offers the membership tiers described on the Website — currently Student (free), Basic and Essential — with the resource access shown on the Website at the time of purchase.

  2. 5.2

    Membership fees are displayed on the Website inclusive of GST and are payable annually in advance.

  3. 5.3

    An Essential membership includes the Included Queries, credited on commencement and again on each successful renewal.

  4. 5.4

    Changes between paid tiers take effect from your next renewal. A Student member may purchase a Basic or Essential membership at any time.

  5. 5.5

    The resource library grows and changes. DAN may add, update, replace or retire individual resources acting reasonably. A material reduction in the overall access included with your tier is treated as a change under clause 21.

6. Student membership

  1. 6.1

    Student membership is available to a person currently enrolled as a student of dentistry or oral health. This does not include ADC students or registered dental professionals undergoing further studies. By selecting Student membership you declare, and warrant to DAN, that this is true.

  2. 6.2

    DAN may require you to re-confirm your student status annually. If you do not re-confirm when asked, or you cease to be enrolled, your Student membership may be closed or you may convert to a paid tier.

  3. 6.3

    If you misrepresent your student status, DAN may terminate your account immediately under clause 17.3 and may refuse any future membership.

  4. 6.4

    Student membership includes the Core Resources only and no Included Queries. Student members may purchase Query Packs.

7. Queries and Query Packs

  1. 7.1

    A Query is a single submission through the query form. Your available balance is shown in your account.

  2. 7.2

    A Query is deducted from your balance only when your submission is successfully received and saved. Saved drafts, validation errors and failed submissions do not use a Query, and any verified duplicate deduction will be reversed.

  3. 7.3

    Query Packs are available for purchase by logged-in Members (including Student members) at the GST-inclusive prices displayed on the Website, and are credited to your account immediately after successful payment.

  4. 7.4

    Available Queries carry over and accumulate while your membership remains active and in good standing, subject to clause 16. There is no cap on accumulation.

  5. 7.5

    Queries are personal to you, are not transferable, have no cash value and are not redeemable for money, except as provided in clauses 17 and 21 or as required by law, including the ACL.

  6. 7.6

    Each Query is triaged to a Consultant in the relevant advisory area. DAN does not guarantee the availability of any particular Consultant. DAN may decline a submission that is outside the advisory areas offered or outside the scope of the Services, in which case the Query is returned to your balance.

  7. 7.7

    The advisory areas offered are listed on the Website and may change from time to time.

8. Service standards and delivery

  1. 8.1

    DAN’s current published response targets are one to two Business Days for priority Queries and three to five Business Days for routine Queries. These are service targets, not guarantees: actual times may vary with the complexity of the Query and Consultant availability.

  2. 8.2

    The Consultant’s written response is delivered by email only, to the email address you nominate on the query form. Responses are not delivered through the Website. You are responsible for the accuracy of the nominated address.

  3. 8.3

    A phone-contact option is available for time-sensitive matters as described on the Website. This does not alter clause 3.5: the Services are not an emergency service.

  4. 8.4

    The Website and Services may be unavailable from time to time, including for maintenance or third-party outages. DAN will use reasonable endeavours to keep the Services available but does not warrant uninterrupted access.

9. Patient information and privacy

Important
  1. 9.1

    You must de-identify all patient information before submitting it. You must not submit names, dates of birth, addresses, Medicare or other identifying numbers, identifiable full-face images, or any other information that could reasonably identify a patient or another individual.

  2. 9.2

    You warrant that any materials you submit are lawfully provided, that their disclosure to DAN and its Consultants does not breach any law or obligation owed to any person, and that your handling of patient information complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

  3. 9.3

    If a submission contains identifying information, DAN may reject or delete it and ask you to resubmit in de-identified form. No additional Query is deducted for a compliant resubmission of the same matter.

  4. 9.4

    DAN handles personal information in accordance with its Privacy Policy, which you acknowledge as a condition of using the Services.

10. Practice advisory categories

  1. 10.1

    Where the Website lists practice advisory areas (for example, Practice & Business, and Professional Practice), responses in those areas are general professional information only, based solely on the information you provide.

  2. 10.2

    A practice advisory response is not legal advice or a legal opinion, is not financial product advice, and is not a substitute for engaging your own solicitor, accountant or adviser on your specific circumstances. No solicitor–client, accountant–client or adviser–client relationship is created with DAN or any Consultant through the Services.

  3. 10.3

    Practice advisory Queries must pose a specific, answerable question. DAN may decline submissions that are open-ended or outside scope — including advocacy, industrial and fee-setting matters, disputes with third parties, and matters before a court, tribunal, insurer or regulator — and the Query will be returned to your balance.

  4. 10.4

    Clause 11 applies to all advisory areas.

11. Medico-legal exclusion

Important
  1. 11.1

    The Services are not intended for use in medico-legal matters. DAN does not provide, and Consultant opinions must not be used as, expert reports or testimony in any claim, complaint, or legal or regulatory proceeding. If you require medico-legal assistance, consult an appropriately qualified professional engaged for that purpose.

12. Publication of de-identified queries

Important
  1. 12.1

    DAN may publish Queries and their responses in de-identified form — with both the patient and the submitting Member de-identified — in the members’ case bank and, in short teaser form, publicly.

  2. 12.2

    You grant DAN a perpetual, royalty-free licence to use, reproduce and adapt the content of your submissions in de-identified form for the case bank, education and the improvement of the Services. You consent to acts that would otherwise infringe any moral rights you hold in that content, to the extent permitted by law.

  3. 12.3

    DAN will not publish material identifying you without your written consent.

13. Media Library and certificates

  1. 13.1

    Recordings of presentations and discussions are available to members in the members-only Media Library. Paid courses and events may be subject to separate terms notified at booking.

  2. 13.2

    Certificates issued by DAN are factual records only: a certificate of attendance for a live event, or a certificate of completion for a recorded activity, stating the activity, date, presenter and duration.

14. Intellectual property and licence

  1. 14.1

    DAN and its licensors own all Intellectual Property Rights in the Services and their content. Nothing in this Agreement transfers those rights to you.

  2. 14.2

    DAN grants you a personal, non-transferable licence to access and view the content available to your tier for your own professional use. You must not copy, reproduce, republish, distribute, share access-restricted content, create derivative works, or use the content commercially, without DAN’s written consent.

  3. 14.3

    You retain ownership of the materials you submit, subject to the licence in clause 12.2.

15. Fees, renewal and payment

  1. 15.1

    Fees are as displayed on the Website at the time of purchase, inclusive of GST. A tax invoice is emailed after each payment.

  2. 15.2

    Paid memberships renew automatically each year at the then-current fee. You can update payment details or cancel future renewals at any time from your account; cancellation takes effect under clause 17.1.

  3. 15.3

    DAN may change membership and Query Pack fees on at least 30 days’ email notice. A fee change applies to you only from your next renewal; it never applies mid-term.

  4. 15.4

    If a renewal payment fails, clause 16 applies.

16. Failed payment, lapse and forfeiture

Important
  1. 16.1

    If a renewal payment fails, a 30-day recovery period begins on the payment due date. During recovery, paid access is paused and your Available Queries are frozen: they remain recorded but cannot be used.

  2. 16.2

    If payment is recovered within the 30-day period, your access and Available Queries are restored, and the renewal’s Included Queries are credited once.

  3. 16.3

    If payment is not recovered by day 31, your paid membership ends, your remaining Available Queries are forfeited, and access to paid resources ceases.

  4. 16.4

    The same rule applies where your paid membership ends because you cancelled renewal or did not renew: your Available Queries are frozen for 30 days from the end of your Membership Year, are restored if a paid membership recommences within that period, and are otherwise forfeited on day 31.

  5. 16.5

    Rejoining after forfeiture starts a new membership. Forfeited Queries are not restored, and new entitlements apply from the new order.

17. Cancellation and termination

  1. 17.1

    You may cancel future renewals at any time from your account. Your membership and access continue to the end of the current Membership Year, after which clause 16.4 applies.

  2. 17.2

    Except as provided in clauses 17.4 and 21 or as required by law (including the ACL), fees for memberships and Query Packs are not refundable for change of mind, and no pro-rata refund is payable if you cancel partway through a Membership Year.

  3. 17.3

    DAN may terminate this Agreement and your account:

    1. (a)
      on 14 days’ written notice if you materially breach this Agreement and do not remedy the breach within that period; or
    2. (b)
      immediately by written notice for serious breach, including misrepresenting your identity or student status, sharing credentials or permitting unauthorised access, unlawful use of the Services, repeated submission of identifying patient information after warning, abusive conduct toward DAN staff or Consultants, or infringement of Intellectual Property Rights.

    No refund is payable on termination for breach, but nothing in this clause limits your rights under the ACL.

  4. 17.4

    DAN may otherwise end this Agreement or discontinue the Services on at least 30 days’ written notice. In that case DAN will refund the pro-rata unexpired portion of your prepaid membership fee and the purchase price of any unused Queries purchased in Query Packs.

  5. 17.5

    Clauses 3, 9, 11, 12, 14, 19, 20 and 22 survive the end of this Agreement.

18. Organisational accounts

  1. 18.1

    Team Accounts and corporate access operate under an Organisational Agreement. A shared organisational login is permitted only as expressly authorised there, provides query-only access unless otherwise stated, and is governed by the Organisational Agreement to the extent of any inconsistency with this Agreement.

  2. 18.2

    A person who uses an organisational account may also hold their own individual membership under this Agreement; the two are separate.

19. Liability and consumer guarantees

Important
  1. 19.1

    The ACL gives you guarantees that cannot be excluded, restricted or modified, and nothing in this Agreement does so.

  2. 19.2

    To the extent permitted by law, DAN’s liability for a failure to comply with a consumer guarantee in relation to the Services is limited, at DAN’s option, to supplying the Services again or paying the cost of having them supplied again.

  3. 19.3

    Consultant opinions are provided by the Consultants, not by DAN. DAN does not warrant the accuracy, completeness or applicability of any opinion in any individual case and, to the extent permitted by law, is not liable for the content of Consultant opinions. Responsibility for clinical and practice decisions remains yours under clause 3.

  4. 19.4

    To the extent permitted by law, neither party is liable to the other for indirect or consequential loss, or for loss of profits, revenue or goodwill.

  5. 19.5

    DAN’s liability is reduced to the extent that loss is caused or contributed to by your breach of this Agreement or by inaccurate, incomplete or non-de-identified information you supply.

20. Indemnity

  1. 20.1

    You indemnify DAN and its officers, employees and agents against loss arising from third-party claims to the extent caused by:

    1. (a)
      your breach of this Agreement;
    2. (b)
      your unlawful act or omission; or
    3. (c)
      your breach of clause 9, including any failure to de-identify patient information.

    Your liability under this indemnity is reduced to the extent that DAN’s negligence caused or contributed to the loss.

21. Changes to the Services and this Agreement

  1. 21.1

    DAN may improve and vary the Services over time. If DAN makes a change that materially reduces the Services included with your tier, DAN will give at least 30 days’ email notice, and you may cancel your membership effective from the change with a pro-rata refund of your prepaid membership fee.

  2. 21.2

    DAN may amend this Agreement. For material changes, DAN will give at least 30 days’ email notice before the change takes effect; continued use of the Services after the effective date constitutes acceptance. If you do not accept a material change that adversely affects you, you may cancel effective from the change date with a pro-rata refund of your prepaid membership fee.

22. Notices and general

  1. 22.1

    Notices under this Agreement may be given by email — to your nominated address, or to DAN at the contact address published on the Website — and are taken to be received on the next Business Day after sending.

  2. 22.2

    You may not assign this Agreement. DAN may assign or novate this Agreement to a related body corporate or a purchaser of the business on notice to you.

  3. 22.3

    If any provision is unenforceable it is to be severed to the extent necessary, and the remainder continues in effect. A failure to enforce a provision is not a waiver of it.

  4. 22.4

    This Agreement, the Privacy Policy, and any event or organisational terms that apply to you form the entire agreement about their subject matter.

  5. 22.5

    This Agreement is governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of its courts.

By ticking the acceptance box at registration or checkout, you confirm that you have read, understood and agree to this Agreement.

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Table Of Contents

1. Introduction

Welcome to Dental Advice Network (DAN). By subscribing to and using our Services, you agree to the terms and conditions outlined in this Subscriber Agreement. Please read this agreement carefully before subscribing, as it contains important information regarding your rights and obligations.

2. Definitions

(a) "DAN" refers to Dental Advice Network Pty Ltd ABN 18 680 185 602.

(b) "Intellectual Property Rights" refers to all intellectual proprietary rights, whether registered or unregistered, and whether existing under statutes, at common law or in equity throughout the world, including, without limitation, all trademarks, trade names, logos, symbols, brand names, registered or unregistered designs, patents, copyright, circuit layout rights, and trade secrets.

(c) "Subscriber" refers to the individual or organisation subscribing to the Services.

(d) "Services" refers to the expert advice provided by DAN through various communication channels including, but not limited to, phone, email, message, or website form, as set out in clause 3.

3. Services Provided by DAN

As a subscriber to DAN, you will receive access to expert advice in the areas of expertise as noted on the DAN website.

Subscribers will receive the following Services:

(a) Educational Website: Access to the DAN website featuring articles and updates on relevant topics.

(b) Media Library: Providing continuing education on various topics relevant to dental professionals.

(c) Access to Expert Advice: Subscribers can pose questions through the online form available on the DAN website (except for members on the Student Plan)

4. Non-Referral Disclaimer

DAN is not a referral centre and does not accept patients. Our Services are limited to referring subscribers to independent consultants, who provide expert advice to dental professionals in the areas of expertise noted on the DAN website. Subscribers are fully responsible for the care and treatment of their patients. DAN’s role is purely to connect subscribers to independent consultants for expert advice, and the Subscriber acknowledges and agrees that any advice provided is not provided by DAN and should be used in conjunction with the Subscriber’s own professional judgment. DAN does not itself provide any advice and takes no responsibility for advice provided by its independent consultants.

5. Patient Information and Privacy

All information exchanged through DAN must conform to relevant privacy regulations. Subscribers are responsible for ensuring that any patient information provided is handled in accordance with these regulations and is de-identified. Patient confidential details must not be provided unless required for the consultation and must be accompanied by the patient’s written approval. Subscribers warrant to the best of their knowledge that the materials provided to DAN for the purposes of providing the Services are legally provided to DAN and that their disclosure does not breach any law or any obligation owed to any person.

6. Access and Response Time

The Services may be subject to technical limitations such as downtime for maintenance and third party service availability. DAN aims to facilitate responses to enquiries as soon as possible. Response times may vary depending on the complexity of the enquiry and the availability of our independent consultant experts. DAN makes no warranties or guarantees in respect of uptime for the Services or response times, and Subscribers are advised not to rely on the Services for urgent matters.

7. Medico-Legal Disclaimer

The independent consultant advice facilitated by DAN is not intended for use in medico-legal cases. DAN does not provide expert reports, testimony, or any form of legal advice. Subscribers seeking medico-legal advice should consult an appropriately qualified professional.

8. Scope of Services

The Services are intended for educational and informational purposes only. They should not be construed as a substitute for professional judgment or clinical decision-making. Subscribers must use their own discretion in applying the advice provided.

9. Liability Disclaimer

DAN procures advice by independent contractors based on the information available at the time of consultation. While every effort is made to ensure accuracy, DAN is not the provider of the advice and takes no responsibility for advice provided, and cannot guarantee the completeness or applicability of the advice in every individual case. Subscribers remain fully responsible for the decisions made and actions taken in their professional practice.

10. Subscription and Access

Access to the Services is limited to registered subscribers only. Subscribers are prohibited from sharing login credentials or allowing unauthorised individuals to access the Services, and may not interfere with or construct their own system to access the Services. Subscribers accept full responsibility for all activities that occur with their account. Any violation of this provision may result in the immediate suspension or termination of the subscription.

11. Service Limitation

DAN reserves the right to limit, modify, or discontinue any aspect of its Services at any time. Subscribers will be notified by email of any significant changes to the Services or terms of use.

12. Payment and Fees

Subscribers agree to pay the subscription fees as outlined during the registration process. All fees are non-refundable unless otherwise stated. DAN reserves the right to change subscription fees with 30 days prior notice by email to Subscribers.

13. Termination by Subscriber

Subscribers may cancel their use of the Services or terminate this Agreement by logging into their account on the DAN website and following the instructions. Cancellations will take effect immediately. If a subscriber terminates partway through a billing cycle, no pro rata refund of subscription fees will be provided.

14. Termination by DAN

DAN reserves the right to terminate this Agreement or the Subscriber’s access to the Services at any time for any breach of this Agreement or for any other reason deemed necessary by DAN, by notice to the Subscriber by email.

15. Intellectual Property

Subscribers acknowledge that DAN owns all right, title and interest in and to the Services, including without limitation all Intellectual Property Rights, and that the Intellectual Property Rights are protected by intellectual property laws. Subscribers must not copy, reproduce, alter, modify, or create derivative works from the Services.

16. Privacy Policy

As a condition to using the Services, Subscribers acknowledge the terms of the Privacy Policy issued or updated by DAN during the term of this Agreement.

17. Indemnity

The Subscriber indemnifies and keeps indemnified DAN and its officers, employees, agents, subsidiaries and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits arising out of or consequential upon the Subscriber's use of the Services and any breach of any warranty or other term of this Agreement.

18. No Warranties or Representations by DAN

Subscribers acknowledge that they have not relied upon or been induced by any representation by DAN, and that DAN makes no warranty or representation as to the results that may be obtained through the Services; the accuracy, reliability or otherwise of any information obtained through the Services; the Services being uninterrupted, timely, or error-free; or whether the Subscriber's use of the Services is legal.

19. Limitation of Liability

To the extent permitted by law, DAN excludes any liability for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues), as a result, direct or indirect of any defect, deficiency or discrepancy in the Services including their form, content and timeliness of delivery, and including, without limitation, any delay in supply of the Services; any failure to supply the Services; any technical or non-technical failure; or any content or information accessed via the Services with or without the Subscriber's authorisation.

20. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia.

21. Amendments

DAN reserves the right to amend this Subscriber Agreement at any time. Subscribers will be notified by email of any significant changes, and continued use of the Services constitutes acceptance of the amended terms.

22. Acknowledgment

By subscribing to DAN, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.

Clicking "Subscribe" indicates your acceptance of the terms and conditions outlined above.

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