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User Agreement

  1. DEFINTIONS & INTERPRETATION
    • Unless expressly stated otherwise, in these Terms, capitalised terms have the following meaning:
  • 1000 Libraries means [PVK Education Group Pty Ltd ACN 660 852 611 ];
  • Account means any record or means of access created by You for the purposes of accessing any features of this Website, that requires You to undertake a formal registration process, including in connection with any Third-Party Content, Goods and/or Services.
  • Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended from time to time;
  • Content means all works, designs, materials and other subject matter (including all other information or data) that comprises, forms part of or is otherwise incorporated into this Website or any Goods or Services;
  • Goods mean any goods, of any kind whatsoever, sold by or on behalf 1000 Libraries, via this Website;
  • Intellectual Property Rights mean:
  1. all rights conferred by statute, common law or in equity and subsisting anywhere in the world in relation to:

(A)  registered or unregistered copyright;

(B)  inventions (including patents, innovation patents and utility models);

(C) registered and unregistered designs; and

(D) registered and unregistered trademarks;

  1. any other rights resulting from intellectual activity in the industrial, commercial, scientific, literary or artistic fields which subsist or may subsist hereafter;
  • any business name, domain name or social media registrations registered by or on behalf of the Nova Dental Implant Centre, whether in respect of the Nova Clinical Operations or otherwise;
  1. any licence or similar right from a third party to use any of the above;
  2. any applications and any and all rights to apply for registration of any of the above; and
  3. any rights of action against any third party in connection with the foregoing rights including any right to claim (and retain) any damages and/or other remedies for infringement.

but excluding any moral rights or any other personal rights which are not assignable at law.

  • Privacy Policy means the privacy policy maintained and published by 1000 Libraries on this Website, as amended, from time to time;
  • Purpose means:
  1. the accessing of bibliographic information (in the form of written material and/or images), as published on this Website from time to time;
  2. the creation of an Account in order to access any features of this Website that require the creation of such an Account; and
  • the acquisition of any Goods and/or Services via this Website.
  • Services any services provided by or on behalf 1000 Libraries, via this Website;
  • Terms mean this document, as amended from time to time;
  • Third-Party Content mean any material, of any kind whatsoever (including any promotional material and/or promotional Content) published by or on behalf of a third party, from time to time, on this Website;
  • Website means this Website (including all constituent material, information and Content) published at [ ];
  • You / Your means each individual or entity that accepts these Terms or otherwise Uses this Website, any manner whatsoever;
  • Use / Using means accessing, viewing, using or otherwise interacting with, in any manner whatsoever, including by way of uploading or otherwise providing information to or from.
    • In this Agreement:
  • headings and underlinings are for convenience only and do not affect the interpretation of this Agreement;
  • words importing the singular include the plural and the other way around;
  • words importing a gender include any gender;
  • an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate and any governmental agency;
  • a reference to anything (including, but not limited to, any right) includes a part of that thing;
  • a reference to a document includes all amendments or supplements to, or replacements or novations of, that document;
  • a reference to a person includes a reference to the persons servants, agents, executors, administrators, successors, substitutes (including, without limitation, persons taking by novation) and assigns;
  • a reference to a party comprised of one or more persons or entities is a reference to each of those persons or entities on a joint and several basis;
  • where the day on or by which any thing is to be done is not a Business Day, that thing must be done on or by the succeeding Business Day;
  • no provision of this Agreement will be construed adversely to a party solely on the ground that the party was responsible for the preparation of this Agreement or that provision; and
  • a covenant or agreement on the part or two or more persons binds them jointly and severally.
  1. GENERAL
    • This Website is owned and operated by 1000 Libraries.
  • These Terms outline the rights and obligations on which You may Use this Website.
  • 1000 Libraries may amend these Terms at any time with prior notice. However, 1000 Libraries may post any updated Terms on this Website on and from the date on which they are to apply, up until the date they cease to have effect. It will be, at all relevant times, Your responsibility to periodically review these Terms (and this Website generally) for any updates.
  1. CONDITIONS OF ACCESS
    • Your Use of this Website is at all times subject to:
  • these Terms;
  • the 1000 Libraries Privacy Policy;
  • any other terms, conditions or requirements issued by 1000 Libraries and published on this Website, from time to time.
    • By Using this Website, You agree to be bound by each of these Terms, as well as further or other terms, conditions or requirements published on this Website by 1000 Libraries, from time to time. If You do not agree to be bound by those terms, conditions and/or requirements (including these Terms), You must cease Using this Website immediately.
  • Your right to the Use this Website is contingent upon your ongoing compliance with these Terms. In the event you breach any of these Terms, your right to Use this Website will cease automatically, whether or not 1000 Libraries has provided you with any demand, notice or warning with respect to the breach(es) in question.
  • In the event that You authorise, permit or allow (or otherwise enable, in any manner whatsoever) a minor, being an individual under the age of 18 years of age, to Use this Website, You acknowledge that this Website may not be suitable for use or access by minors and, in any event, you acknowledge and warrant to 1000 Libraries that you will be solely responsible for:
  • the conduct of the aforementioned minor in using this Website and in respect of any Content, Third-Party Content, Goods and/or Services generally;
  • controlling the minor’s access to and use of this Website and any Content, Third-Party Content, Goods and/or Services;
  • payment for any Goods and/or Services, whether or not you received, authorised payment for or benefitted from those Goods and/or Services;
  • any misuse of this Website or breach of these Terms by the minor;
  1. REGISTRATION
    • You acknowledge that certain features of this Website, including (without limitation), access to certain Content, Third-Party Content, Goods and/or Services may require you to establish an Account.
  • You acknowledge and further warrant to 1000 Libraries, as an inducement to 1000 Libraries to establish and maintain an Account, at your request, that
  • all information provided by You, both in order to establish and maintain an Account, is accurate and complete;
  • You will, at all times, keep any password(s) or other identifiers associated with Your Account confidential and not disclose them to any other individual or entity;
  • You accept responsibility for all things done, or not done, using your Account; and
  • You must advise 1000 Libraries within 24 hours of becoming aware of any unauthorised use of Your Account.
    • 1000 Libraries may suspend, cancel and/or terminate your Account, at any time and in its sole and unfettered discretion, by way of written notice to any email address associated with Your Account.
  1. CONTRIBUTIONS & USER CONTENT
    • To the extent that you submit, upload or contribute any material, of any kind whatsoever, to this Website or to 1000 Libraries generally (collectively, User Content), You:
  • hereby grant to 1000 Libraries an irrevocable, perpetual, worldwide, royalty-free, non-exclusive licence to exercise all Intellectual Property Rights and all other statutory and common law rights, powers, benefits and rights of action with respect to all User Content (including all proprietary rights in all User Content) and to otherwise use all User Content, in any manner that 1000 Libraries deems fit;
  • consent, to the maximum extent permitted by law, to 1000 Libraries doing anything or omitting to do anything in relation to any User Content anywhere in the world that would otherwise infringe Your moral rights, or any similar non-assignment personal rights that You may have the User Content;
  • warrant that any User Content that You submit, upload or contribute, in any manner whatsoever in connection with this Website, will not, by reason of such submission, upload, contribution or use in connection with this Website, result in the contravention of any law, of any kind whatsoever, whether by 1000 Libraries, You or any other individual or entity.
  1. USE OF MATERIAL, ACCURACY OF INFORMATION & NO WARRANTIES OR REPRESENTATIONS
    • You may only Use this Website for the Purpose.
  • You may not Use this Website for any other purpose, including (without limitation)
  • the reproduction of this Website (or any part thereof, including any Content) in any material form;
  • the distribution of this Website (or any part thereof, including any Content and/or Third-Party Content) in any material form;
  • re-transmission of this Website (or any part thereof, including any Content and/or Third-Party Content) by any medium of communication;
  • uploading or reposting this Website (or any part thereof, including any Content and/or Third-Party Content) to any other website or other digital location; and
  • framing this Website (or any part thereof, including any Content and/or Third Party Content) with other material on any other website.
    • You may not modify or copy:
  • the layout of this Website; or
  • any computer software and code contained in this Website.
    • Any Content contained on this Website is not intended to be comprehensive, is intended to provide a summary of the subject matter covered only and, to the fullest extent possible:
  • 1000 Libraries assumes no duty of care whatsoever to You with respect to any Content contained on this Website, including with respect to any Third-Party Content, Goods and/or Services; and
  • to the fullest extent permitted by law, 1000 Libraries makes no warranties, guaranties or representations, whatsoever regarding this Website (including with respect to any Content, Third-Party Content, Goods and/or Services);
  • to the full extent permitted by law, 1000 Libraries disclaims any and all warranties, express or implied, regarding:
  1. the accuracy, reliability, timeliness or otherwise of any information contained or referred to on this Website or of any linked sites; and
  2. the merchantability or fitness for any particular purpose for any service or product contained or referred to on this Website or on any linked sites, including any Goods and/or Services.
  • 1000 Libraries will not be liable under any circumstances for any loss or damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of You:
  • acting, or failing to act, on any information contained on or referred to on this Website or any of the linked websites; and
  • using or acquiring, or your inability to use or acquire, any service or product contained or referred to on this Website or any linked sites.
    • To the fullest extent permitted by law, 1000 Libraries is not liable to you for:
  • any errors or omissions in this Website, or any linked sites;
  • delays to, interruptions of or cessation of the services provided in this Website, or any linked sites; and/or
  • defamatory, offensive or illegal conduct of any other User of this Website;

whether caused through 1000 Libraries’ act, omission or negligence or the act, omission or negligence of 1000 Libraries’ directors, officers, managers employees, independent contractors or agents, or through any other cause.

  • 1000 Libraries is not liable to You or anyone else if interference with or damage to your computer systems occurs in connection with the Use of this Website or a linked site. You must take Your own precautions to ensure that our Website (including any associates Goods and/or Services) are free of viruses or anything else that may interfere with or damage the operations of Your computer systems.
  • 1000 Libraries may, from time to time and without notice, change or add to this Website (including these Terms) or the information, products or services described in it (including the Goods and/or Services). However, 1000 Libraries does not undertake to keep this Website updated. 1000 Libraries is not liable to You or anyone else if errors occur in the information on this Website or if that information is not up-to-date, including any Content, any Third-Party Content or any other information relating to any Goods and/or Services.
  • 1000 Libraries may restrict, suspend or terminate Your access to this Website at any time without giving You any explanation or justification for the restriction, suspension or termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of restricting, suspending or terminating Your access to this Website.
  1. INTELLECTUAL PROPERTY
    • This Website is an editorial website, in that the primary purpose of this Website is to publish or otherwise produce, by way of the Content, editorial material, including research, news, analytical and critical material, relating to the subject matter of this Website.
  • Accordingly, the Content is comprised of:
  • Content produced by or on behalf of 1000 Libraries;
  • Content used under licence or other legal arrangement by 1000 Libraries; and/or;
  • Content owned by third parties, which is used or otherwise published on this Website pursuant to 1000 Libraries’ rights pursuant to law (Other Content).
    • 1000 Libraries owns or otherwise holds all Intellectual Property Rights in all Content, save for any Other Content.
  • Your Use of this website and Use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. 1000 Libraries grants You a licence to access this Website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third-party licensors.
  • If You:
  • own or otherwise assert any interest or claim any Other Content; and
  • you object to the publication or use of any Other Content on this Website;

You may write to 1000 Libraries, using the contact information provided on this Website, setting out particulars of the Other Content in question, the nature of Your interest or claim in the Other Content and the reasons for which you object to the publication or other use of the Other Content on this Website.

  • In the event that 1000 Libraries decides to remove any Other Content from this Website in response to Your request, it does so without any admission with respect to any matter relating to the Other Content in connection with this Website and without prejudice to any of its rights, whether pursuant to these Terms or pursuant to law, with respect to the use of the Other Content in connection with this Website.
  1. LINKS & THIRD-PARTY CONTENT
    • This Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless stated otherwise, we do not endorse and are not responsible for the content on those linked websites, in any respect whatsoever.
  • You acknowledge that any Third-Party Content published on this Website are published by 1000 Libraries on behalf of third parties and are not published, adopted, endorsed, or recommended, in any respect whatsoever, by 1000 Libraries.
  • While 1000 Libraries may (but will not be obliged to) conduct compliance reviews with respect to any Third-Party Content, from time to time, You:
  • acknowledge and agree, to the fullest extent possible, that 1000 Libraries is not liable or otherwise responsible for any Third-Party Content, in any respect whatsoever, including (without limitation) with respect to any information, of any kind whatsoever, contained within any Third-Party Content;
  • warrant that You will not bring, or attempt to bring, any claim, of any kind whatsoever, against 1000 Libraries, including any of its directors, officers, managers, employees, agents or contractors, in connection with any Third-Party Content;
  • you indemnify 1000 Libraries against any loss and damage that You suffer, of any kind whatsoever, in connection with any Third-Party Content;
  1. LIABILITY & INDEMNITY
    • To the maximum extent permitted by law, including the Australian Consumer Law:
  • in no event shall 1000 Libraries be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to Your Use of this Website and/or the information or materials contained on it (including any Third-Party Content, Content, Goods and/or Services), or as a result of the inaccessibility of this Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
  • 1000 Libraries’ liability for any implied warranty or condition of these Terms, or any other matters relating to this Website is limited, at 1000 Libraries’ sole election, to one or more of the following:
  1. if the breach of an implied warranty or condition relates to any Services:
  • the supply of the Services again; or
  • the payment of the cost of having the Services supplied again; and
  1. if the breach of an implied warranty or condition relates to any Goods:
  • the replacement of the Goods or the supply of equivalent Goods;

(B)  the repair of such Goods; or

(C) the payment of the cost of replacing the Goods or acquiring equivalent Goods, or having the Goods repaired.

  • You indemnify 1000 Libraries and each other User in respect of any loss, damage, costs, expenses (including legal fees on an indemnity basis), demands or proceedings that arise in connection with:
  • your breach of these Terms;
  • your use of this Website (including any communications exchanged with us either through this Website or otherwise);
  • your purchase and use of any products and/or services via this Website, including any Goods and/or Services.
  1. LEGAL COMPLIANCE AND MONITORING
    • You acknowledge that 1000 Libraries is under no obligation whatsoever to monitor this Website or any content accessible through this Website, including any Content, Third-Party Content, Goods and/or Services.
  • You further agree that 1000 Libraries may take all steps that it considers necessary in order to properly monitor this Website, including Your Use of this Website (including Your Use of any Third-Party Content, Content, Goods or Services) and to disclose any information it considers necessary, to any individual or entity, to satisfy any law, regulation or other request made by any authority or government (or similar body), to operate this Website properly, or to protect itself and/or other Users and s in accordance with these Terms and the Privacy Policy.
  1. USE OF PERSONAL INFORMATION
    • 1000 Libraries and any individuals or entities duly authorised by 1000 Libraries may gather and process the personal information:
      • which You may provide when Using this Website, such as Your name, address, e-mail address and other personal information about You;
      • regarding the way in which You Use this Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.
    • 1000 Libraries may authorise others to offer You goods and/or services using any information acquired, as described in the foregoing provision.
  • 1000 Libraries will otherwise comply with the Privacy Policy with respect to its collection, storage and use of your personal information.

  1. GOVERNING LAW AND JURISDICTION
    • Your Use of this Website and these Terms are governed by the law of the State of Victoria and You:
  • submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria; and
  • for the avoidance of doubt, agree and warrant that any matter arising in respect of this Website or in respect of the matters contemplated by these Terms arise in the State of Victoria.
  • waive any right You have to object to a proceeding being brought in the courts of the State of Victoria, including, but not limited to, claiming that the proceeding has been brought in an inconvenient forum or that those courts do not have jurisdiction
  1. ENTIRE AGREEMENT & OTHER TERMS
    • Subject to the following provision, these Terms constitute the entire agreement between You and 1000 Libraries in respect of this Website including any Third-Party Content, any Content, Goods and/or Services and therefore supersedes any other agreement, understanding or representation regarding these matters, which are hereby excluded to the fullest extent possible.
  • 1000 Libraries may issue, from time to time, further terms & conditions relating to the Use of particular Content, Goods or Services. In the event that 1000 Libraries does so, those further terms & conditions will apply to your Use of this Website, in addition to these Terms, and will take precedence over these Terms, but only to the extent of any irreconcilable inconsistency.

Last Updated: October 8, 2024

 

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