TERMS AND CONDITIONS OF USE BIOMETRIC DENTAL IMPLANT SYSTEMS
1.1 These terms and conditions shall govern your use of Biometric produced and distributed Dental Implant Systems and Instruments.
1.2 Dental Implant System consists of dental fixtures, abutments (healing abutments, cemented abutments, angled abutments, rescue abutments, multiunit abutments etc), abutment screws, impression coping materials, TI-base materials, scan body and cad-cam analogue,
1.3 By ordering and using Biometric products, you expressly accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use Biometric products.
1.4 Biometric Products are classified as Class 2 medical devices, according to the MDR regulation and must be handled accordingly (including traceability).
2.1 Copyright (c) 2018 – 2022 by Biometric OÜ.
2.2. Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights of the products produced by Biometrics, referred to in this document,
(b) all the copyright and other intellectual property rights of Biometric products are reserved.
License to use Biometric products
3.1 All Biometric products are for professional use solely. Biometric products can be used only by licensed professionals. Any other way of using Biometric product is considered unauthorised usage and Biometric withholds any liabilities arising of such kind of misuse.
3.2 When using Biometric product all professional and safety guidelines of relevant governing authority and product’s instruction manuals and protocols must be followed.
3.3 All Surgical protocols, where Biometric products are used, must be executed by relevant licenced professionals, and must comply to all relevant rules of this kind of protocol.
3.4 All storage and handling requirements of Biometric Products must meet Medical Device Class 2 handling requirements and Biometric handling guidelines.
3.5 All usage cases of using Biometric product must be documented and products must be traceable.
4.1 We do not warrant or represent:
4.1.1 Any unauthorised usage of Biometric product.
4.1.2 Any usage of the products by anybody else, but licensed professionals.
4.2 We exclude all representations and warranties relating to the subject matter of these terms and conditions.
4.3 We reserve the right to discontinue supplying products to individuals and organisations who fail to comply to these Terms and Conditions.
Limitations and exclusions of liability
5.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
5.2 The limitations and exclusions of liability set out in this Section 5 and elsewhere in these terms and conditions:
(a) are subject to Section 5.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
5.3 Biometric will not be liable for any loss or damage of any nature, that are occurring from the impropriate use of Biometric products.
5.4 Biometric will not be liable in respect of any losses arising out of any event or events beyond our reasonable control.
5.5 Biometric will not be liable in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
5.6 Biometric will not be liable in respect of any loss or corruption of any data, database or software.
5.7 Biometric will not be liable in respect of any special, indirect or consequential loss or damage.
6.1 We may revise these terms and conditions from time to time.
6.2 The revised terms and conditions shall apply to the use of Biometric products from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. If you do not agree to the revised terms and conditions, you must stop using Biometric products.
7.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
7.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third party rights
8.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.
8.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.
Law and jurisdiction
9.1 These terms and conditions shall be governed by and construed in accordance with law of Estonian Republic.
9.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Estonian Republic.
Statutory and regulatory disclosures
10.1 Biometric is Limited liability company registered under the laws of Estonian Republic.
10.2 Company details:
Biometric OÜ (LLC)
Registration Nr. 14012627
VAT Nr. EE101887957
Office: Sepapaja 6, Tallinn 11415, Estonia
F.R.Kreutzwaldi St. 3, 10120 Tallinn, Estonia