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Terms & Conditions

 

 

Terms of Use

 

RipeGlobal

 

Last modified: 30 April 2020

  1. Welcome

Welcome to RipeGlobal. RipeGlobal Pty Ltd ACN 640 129 148 (we/us/our) is the leader of digitally disseminating dental education and training content. We deliver to the global dental cohort, affordable accessibility to content and learning materials of the highest quality via an extensive selection of clinical masterclasses, virtual hands-on learning experiences and more traditional digital (recorded and live) lectures and tutorials.

These Terms of Use (Terms) govern your access and use of the online dental education content and materials we provide (Services). You may be able to access our Services in a number of different ways, for example through our website located at <www.ripeglobal.com> (Website) or through a software application that we have made available to download to your mobile phone, smart television or other analogous device. These Terms apply to your access to our Services regardless of the means in which that occurs.

  1. Acceptance and Variation
  1. By accepting these Terms you are creating a legally enforceable agreement between you and us (Agreement). You agree to be bound by these Terms when you:
  1. register a membership account (Ripe Account) with us to enable you to access the Services;
  2. request that we make our Services available to you to be accessed through your relevant device;
  3. receive, access or download any content, information or materials (Content) forming part of our Services; or
  4. by otherwise communicating to us, whether verbally or in writing, that you have been provided with these Terms and agree to be bound by them.
  1. If you do not agree to these Terms you must not:
  1. create a Ripe Account;
  2. request that we make our Services available to you; or
  3. otherwise access, download or use any Content contained in the Services.
  1. We reserve the right to modify, permanently or temporarily remove, disable or discontinue (Vary) any of our Services and the Content available through our Services at any time without further notice to you. To the extent that you have already purchased specific Services (for example, paid to access a particular hands-on educational course or attend a live lecture) we will not Vary those specific Services unless the Variation constitutes an improvement to the specific Service.
  2. We also reserve the right to Vary these Terms at any time to appropriately deal with any changes to the Services that we are offering or changes in law that affect the manner in which we are able to deliver the Services. We will endeavour to provide you with notice of the Variation, prior to that Variation becoming effective. Where it is not practicable for us to do so, we will provide you with notice of the Variation as soon as reasonably possible, following our implementation of the Variation. Your continued use of our Services following a Variation will constitute your acceptance of these Terms and our Services as Varied.
  1. Supplemental terms and Policies
  1. Policies
  1. We may from time to time implement policies that govern the way in which we provide our Services, or how you may access, use and pay for Content forming part of our Services (Policies). For example, the manner in which we collect, use and store personal information is currently set out in the RipeGlobal Privacy Policy located https://www.ripeglobal.com/privacy-policy 
  2. All of our current Policies are available on our Website. You agree to:
  1. review and from time to time revisit each of our Policies; and
  2. comply with your obligations under each of our Policies.
  1. None of our Policies form a part of this Agreement. You acknowledge and agree that we may reasonably Vary our Policies, including by introducing new Policies in our sole discretion. We will publish Variations on our Website prior to, or at the time of the Variation or new Policy becoming effective.
  1. Supplemental terms
  1. We may from time to time, set out supplemental terms that will govern:
  1. your access to and use of specific types of special content and materials (Special Content) offered by us as part of our Services;
  2. the provision of any content you have created to us; and
  3. other non-standard interactions between us.
  1. Before you to access and utilise the Special Content, provide content to us or otherwise interact with us in circumstances where you have been given supplemental terms, you must first agree to and accept those terms. Upon doing so, you agree that those terms amend the Agreement so as to be incorporated into it.
  2. The provisions of these Terms will prevail to the extent of any inconsistency between the supplemental terms and these Terms, unless the inconsistency is expressly recognised in the supplemental terms.
  1. Membership
  1. Age of Majority

Our services are not intended for minors. To access our Services you must be at least 18 years old, or the age of majority in your jurisdiction.

  1. System requirements
  1. To get the most from our Services and to ensure full access, the device you are using, and your internet connection must be equivalent to or surpass our connection and system requirements (as updated by us from time to time and available upon request).
  2. You acknowledge that it is your responsibility to ensure that the devices you are using, and your internet connection are and continue to be appropriate.
  1. Ripe Account
  1. In order to access our Services, you will need to create a Ripe Account and provide us with the following information:
  1. your full name;
  2. email address;
  3. billing information; and
  4. any other information of the same or similar nature that we may request at the time you are creating your Ripe Account.
  1. By creating a Ripe Account you agree:
  1. not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity;
  2. you are responsible for all acts and omissions of any person who uses your Ripe Account, including all charges for any purchases made through your Ripe Account;
  3. you are responsible for all incidental costs associated with accessing the Services including any mobile, data and internet usage costs;
  4. not to transfer or provide access to your account to any other person and to maintain the security of your Ripe Account, including by keeping the password used to access your Ripe Account secret;
  5. to notify us immediately in the event of any known or suspected unauthorised use or access of your Ripe Account, or any other suspected breach of security including loss, theft, or disclosure of your password;
  6. to take the necessary steps to prevent the continuance of any unauthorised use of your Ripe Account by contacting us to change your password (or using such other functionality to change your password as we provide), informing the police (where appropriate) and contacting the financial institution connected with your Ripe Account to prevent any further charges being processed for unauthorised transactions; and
  7. to update and keep your personal information relating to your Ripe Account accurate, including without limitation your email address, billing information and any other information relating to the creation of your account.
  1. Licence and Permitted Use
  1. Upon creation of your Ripe Account we grant to you a revocable, non-exclusive and non-transferable right to:
  1. download and use any software application that we have made available to any of your compatible devices; and
  2. access and view our Services and the Content comprised in the Services for your own private non-commercial purposes.
  1. You must not without our express written authority download, reproduce, publish, perform, communicate, adapt, modify, licence, store, vary, decompile or reverse engineer any of the Content, Services, applications or other software that we make available to you to access the Services.
  1. Billing
  1. Payment Methods
  1. Upon creating your Ripe Account we will require you to provide details of:
  1. your credit card; or
  2. your bank account,

to which your Ripe Account will be linked and any Subscription Fees (as defined in clause 5.2) or other purchases will be automatically charged.

  1. We reserve the right to include any third-party payment processing costs we incur that are associated with processing your transaction as an additional charge.
  1. Subscription and Content Fees
  1. Our Subscription Fees will be published on our Website and notified to you at the time of creating a Ripe Account.
  2. We will automatically charge you Subscription Fees on a monthly basis in advance, commencing from the date that you register your Ripe Account.
  3. To the extent that we make additional Content available for purchase as part of our Services (Paid Content), you will be notified of the costs of such Paid Content immediately prior to your purchase and we will charge your designated payment method automatically.
  1. Cancellations
  1. Typically we do not provide refunds of Subscription Fees. We will only provide you with a refund of a Subscription Fee in the event we are unable to continue to provide the Services. In such circumstances the refund will be proportional to the time remaining in the relevant month in respect of which Subscription Fees have been paid.
  2. We do not provide refunds for purchases of Paid Content.
  1. Fee Increase

We may increase our Subscription Fees at any time by giving you at least one calendar months' notice, except where such increase is required by law or any regulatory authority (in which case we will give you notice as soon as reasonably practicable).

  1. Termination and Suspension
  1. We reserve the right to immediately discontinue or suspend your access to our Services (or any part of them) at any time without notice or liability to you if you breach, or in our reasonable opinion you are likely to breach, any provision of these Terms, an applicable law or regulation, or otherwise infringe the rights of any third party.
  2. If you wish to terminate the Agreement, you may do so by providing us with 7 days’ notice of your intention to terminate, prior to the end of your then current monthly subscription period.
  3. We may at any time immediately terminate the Agreement if:
  1. you have breached a provision of the Terms;
  2. we are required to do so by any law or regulation; or
  3. it becomes inviable for us to continue to provide you with our Services.
  1. Intellectual Property
  1. Except as provided for in these Terms, you must not without our express written authority engage in the use, copying, reproduction, display, modification or distribution of any of our Services, the Content available through our Services, or any software application that me may provide. This includes without limitation any text, software, scripts, flash files, graphics, photos, sounds, code, music, videos or trade marks.
  2. You must not utilise any tool, program, script or application for the purpose of scraping, indexing, surveying or otherwise data mining any portion of our Services or Content.
  3. You must not attempt to gain unauthorised access to or impair any aspect of our Services, or otherwise undertake or engage in actions that impede the operation or functionality of our Services.
  4. Nothing in these Terms is to be construed as an assignment or transfer to you of any ownership rights in any intellectual property rights comprised in the Services, Content, or any other software application that we make available to you.
  5. We take the protection of our intellectual property rights, and those of our licensors, seriously. Where we deem it necessary, we reserve the right to take all steps necessary to prevent the infringement of those intellectual property rights.
  1. Third party sites
  1. Our Services may contain links to third party websites and content that are outside of our control (Linked Sites). We take no responsibility for content contained in any Linked Site and do not endorse any aspect of a Linked Site. Such links are provided for convenience only and are accessed and used entirely at your own risk.
  2. We have no control over Linked Sites or the content within them. We cannot and do not guarantee, represent or warrant that the content contained in any Linked Site is accurate, legal or inoffensive.
  3. We do not assume any responsibility or liability for the actions, products, services and content of any Linked Site. You should carefully review each Linked Site’s privacy statements and other terms and conditions of use. If you choose to purchase goods or services from a third party, including one accessed from our Services, you are entering a separate agreement with that third party, and expressly acknowledge that we are not a party to that transaction.
  1. Disclaimer
  1. Where we provide information about a product or service, the nature of the information is solely intended to describe the product or service in a manner that allows you to consider whether to acquire the product or service. Such information is in no way to be construed as advice.
  2. You acknowledge that we make no warranty or representation in relation to the availability of Content through our Services. We do not provide refunds where you are unable to access content that you are seeking which is not comprised as part of the Content available through our Services.
  3. Our Content and Services are provided on an “as is” basis with all faults and without warranty. Whilst we use our best endeavours to provide notice to you of maintenance and upgrades, and to limit any unplanned outages, we do not warrant or represent that our Services will be accessible or available without interruption or error.
  4. Unless specifically provided for in these Terms, all conditions and warranties (express or implied) are expressly excluded. However, nothing in these Terms operates to exclude, restrict or modify any statutory or other right that you are granted under the Competition and Consumer Act 2010 (Cth) or other fair trading laws, that cannot be excluded, restricted or modified.
  1. Liability and Indemnity
  1. To the maximum extent permitted by law, we will not be liable for any loss or damage (including indirect or consequential loss or damage such as loss of profit, loss of revenue, loss of data or loss of opportunity) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of your use of our Services or Content.
  2. You hereby indemnify us (including our directors, officers, employees, suppliers, content partners and licensors) (Indemnified Persons) from and against any loss, damage, liability, costs, expenses or other liability suffered or incurred, arising out of or in connection with any claim, demand, suit or proceeding brought against us by you or any person that you are responsible for that relates to:
  1. your use or access to our Services or Content; and
  2. our suspension or cancellation of any of your rights under these Terms (provided such suspension is in accordance with these Terms),

unless the loss, damage, liability, cost, expense or other liability is caused by our breach of these Terms or our negligence, in which case the indemnity will be reduced proportionately to the extent that we have contributed to the loss, damage, liability, cost, or expense suffered or incurred.

  1. Dispute Resolution (Mediation)
  1. If a dispute (Dispute) arises between the parties to this Agreement (Participants) that arises out of or in connection with this Agreement (including any dispute as to the validity of this Agreement) which they cannot resolve, then the parties agree that before any court or arbitration proceedings (other than for urgent interlocutory relief) are commenced with respect to the Dispute, the following steps must be taken to attempt to resolve the Dispute.
  2. The party claiming that a Dispute has arisen must deliver to the other parties a notice containing particulars of the Dispute (Dispute Notice).
  3. During the period of 10 business days after delivery of the Dispute Notice, or any longer period agreed in writing by the parties to the Dispute (Initial Period), the Participants must use their reasonable endeavours and act in good faith in an attempt to resolve the Dispute.
  4. If the Participants cannot resolve the Dispute within the Initial Period then unless they all agree otherwise, the Participants must refer the Dispute to the Resolution Institute for the facilitation of a mediation according to the Resolution Institute’s Mediation Rules.
  5. If within 10 Business Days after the referral of the Dispute to the Resolution Institute the parties have not agreed upon the mediator or any other relevant particular, the mediator and the particular not agreed will be determined in accordance with the Resolution Institute’s Facilitation Rules.
  6. All Participants must participate in the mediation in good faith and cooperate with the Resolution Institute as a facilitator.
  1. Standard Provisions
  1. Assignment
  1. You must not assign or otherwise deal with your rights under these Terms except with our prior written consent of.
  2. We may at any time assign, novate or otherwise deal with our rights under this Agreement as we determine and without further notice to you. 
  1. Costs

Each party will pay their respective costs and expenses of and in connection with the negotiation, preparation, execution, and performance of these Terms

  1. Force Majeure Event

Neither party is liable for any breach of its obligations under these Terms to the extent that the breach resulted from any event that is outside the reasonable control of the affected party and could not have been prevented by that party taking reasonable steps or overcome by the exercise of reasonable diligence and at a reasonable cost (including lack of supply, industrial action, fire, riot, war, embargo, civil commotion for act of God) provided that the affected party:

  1. promptly notifies the other party of the event (with appropriate details); and
  2. takes all reasonable steps to work around or reduce the effects of the event.  
  1. Goods and Services Tax
  1. Unless otherwise expressly stated, all amounts stated to be payable under these Terms or in connection with them are exclusive of goods and services tax (GST). If GST is imposed on any supply made under or in accordance with these Terms, then the GST payable must be paid to the supplier as an additional amount by the recipient of the supply, provided the supplier provides a tax invoice in respect of the taxable supply.
  2. If a party is entitled to be reimbursed or receive compensation for any of its costs, expenses or liabilities then the amount to be paid is to be reduced by the input tax credits to which that party is entitled to receive in relation to those amounts.
  1. Notices
  1. Any notice given under or in connection with these Terms must be in legible writing, in English and be delivered by email to the addressee at the addressee’s specified email address which in your case is the address you detailed when creating your Ripe Account and in our case the addresses published on our Website.
  2. A notice will be deemed to be received by the addressee at the time of receipt in accordance with section 24 of the Electronic Transactions (Queensland) Act 2001 (Qld).
  1. General
  1. Except as otherwise expressly set out in these Terms, the Agreement may only be varied by a further written agreement accepted by or on behalf of each of the parties.
  1. Unless these Terms expressly states otherwise, a party may in its absolute discretion, give conditionally or unconditionally or withhold, any consent under these Terms.  To be effective any consent under these Terms must be in writing.
  2. These Terms contain the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by these Terms and has no further effect.
  3. These Terms are governed by the law in force in Queensland, Australia (Jurisdiction) and each party submits to the non-exclusive jurisdiction of the courts of the Jurisdiction, in relation to any proceedings that may be brought at any time relating to these Terms. Each party irrevocably waives any objection to proceedings being commenced in the Jurisdiction.
  4. Any indemnity given in these Terms survives the expiry or termination of these Terms and a party may enforce a right of indemnity at any time, including before it has suffered loss.
  5. Each party represents and warrants to each other party that it has the power to enter into and perform its obligations under these Terms and these Terms creates valid and binding obligations enforceable in accordance with their terms.
  6. Any provision of these Terms that are illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of these Terms which remain in force.
  7. The non-exercise of or delay in exercising a right of a party will not operate as a waiver of that right, nor does a single exercise of a right preclude another exercise of it or the exercise of other rights. A right may only be waived by written notice signed by the party to be bound by the waiver.