Models holding TrioClear Aligner

Terms and Conditions

 

Updated on: 05/09/2020

 

Please review the following terms and conditions (the “Terms”). The Terms cover your use on trioclear.com (the“ Website”) and all services offered on the Website (the “Services”). Your use of the Website and/or purchase of the Services constitute your agreement to the Terms. If you do not want to agree to the Terms, please do not use the Services or the Website. TrioClear™ may be referred to in the Terms as “TrioClear™” or “we” or “us” or “our”. You may be referred to as “you” or the “customer” or the “patient”.

TrioClear™ reserves the right to change, modify, add or remove any of terms contained in these Terms, at any time, for any reason. We will provide notice of such amendments by posting the revised Terms on the Website and/or Channels, accessible at: https://trioclear.com (and changing the “Updated on” date reflected in the top left-hand corner of these Terms accordingly), or by providing written notice in any other manner at TrioClear’s sole discretion, and such amendments shall be effective immediately upon posting, and shall apply to your subsequent access to or use of the Services. You acknowledge that by continuing to access or use our Services after we have posted changes to these Terms, you are expressly agreeing to such modified terms. If you do not agree to such revised Terms, you must stop accessing or using the Services immediately.

Scope

These Legal Terms and Conditions apply to the entire TrioClear™ Website and all portions of the Website contained therein. These Legal Terms and Conditions shall apply to any future portions of the TrioClear™ Website (excluding links to other Websites as provided below) unless otherwise stated.

Eligibility to Use & Access Website

•             By accessing or using the Services, you represent and warrant that:

•             you are not prohibited by the laws of your country you reside in from accessing or using the Services, in accordance with these Terms; and

•             you are not a minor, i.e., you are at least 18 years of age, or the age that the law in the country you reside in requires for you to legally access or use the Services, whichever is higher.

•             If registering on behalf of a minor, you must be authorized to act on behalf of such person and you must be a parent or legal guardian of the minor. You also accept these Terms and agree to take responsibility for (i) the minor’s actions; (ii) any charges associated with the minor’s use of any of the Services; and (iii) your acceptance and compliance with these Terms.

Use of this Website

Use of this Website and access to the material it contains is subject to the following Legal Terms and Conditions as well as to applicable laws. Your access to and browsing of this Website constitutes your full acceptance of these Legal Terms and Conditions.  We reserve the right, at our sole discretion, to update or revise these Legal Terms and Conditions.  Please check the Legal Terms and Conditions periodically for changes.  Your continued use of this Website following the posting of any changes to the Legal Terms and Conditions constitutes acceptance of those changes.

No unlawful or prohibited use

As a condition of your use of this Website, you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Website in any manner that could damage, disable, overburden, or impair any TrioClear™ server, or the network(s) connected to any TrioClear™ server, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to any computer systems or networks connected to any TrioClear™  server or other systems, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. TrioClear™ makes no representation that the Website is appropriate or available for use in locations outside Hong Kong, and accessing the Website from territories where such content is illegal is prohibited. Those who choose to access this Website from locations outside Hong Kong do so at their own initiative and are responsible for compliance with all applicable laws.​

Trademark Notice

TrioClear™, the Website names, logos, and other identifying marks are the property of TrioClear™ (the “Marks”). Nothing in these Terms may be construed to grant any license, title or interest in or to the Marks and you may not use the Marks without the prior written consent of TrioClear™, which such consent may be withheld in TrioClear™’s sole and absolute discretion.

Medical Disclaimer

All information, data and materials provided through or in the Services, including information relating to dental, medical and health conditions, products and treatments, are provided for informational purposes only, and do not constitute medical advice, recommendations or warranties of any kind. The information provided should not be considered complete as it is not exhaustive and does not cover all ailments, physical conditions or treatment. The information provided is not a substitute for the advice of an appropriate medical professional, or any information contained on or in any product packaging or labels.

We assume no liability for any advice, consultation, or services furnished by such dental, medical and health professionals, in reliance of your use of the Services.

Your reliance on any information provided by us or otherwise appearing through your use of the Services provided is done so solely at your own risk. Should you have any dental, medical or health-related queries, please see your dentist, doctor or health professional promptly. You should not disregard any dental or medical advice or delay seeking any dental or medical advice because of any information provided by us through the Services, and you should not use the Services for diagnosing or treating a dental, medical or health problem, or prescribing medication. The use of the Services or communication between you and us, does not constitute or create a dentist-patient, doctor-patient relationship or other fiduciary relationship between you and us.

Links to other Websites

This Website may contain links to other websites not owned or managed by TrioClear™, or its affiliates.  TrioClear™ provides such links solely for the convenience of our visitors. TrioClear™ is not responsible for the accuracy, legal or regulatory compliance, decency, or any other aspect of the content of such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by TrioClear™.  The inclusion of links to such websites does not imply approval or endorsement of the Website by TrioClear™, or any association with its operators.  We urge you to read the terms of use policies on linked web websites before utilizing their products or services as TrioClear™ is not responsible for these areas.

Assumption of Risk

While we have endeavored to create secure and reliable websites, apps and platforms, please be advised that the confidentiality of any communication or material transmitted to/from in the course of your access and/or use of the Services cannot be guaranteed. Accordingly, we are not responsible for the security of any information transmitted via the Internet. We shall have no liability for interruptions or omissions in internet, network or hosting services. You assume the sole and complete risk of using the Services.

Warranty Disclaimer and Limitation of Liability

Subject to applicable law:

As the user of the Website, you understand and agree that you are using the Website and the Services at your own risk. In addition to the above, all Services are provided “as is” and to the fullest extent allowed by law, TrioClear™ expressly disclaims any and all warranties, express or implied, including without limitation, all warranties of fitness for a particular use or any other warranty, representation, condition or guarantee, in any form.

We do not represent or warrant that the Website or the Services will be available or uninterrupted or that the use of the Website will not result in the transmission of inaccurate information.

TrioClear™, its affiliates and/or its third party service providers shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages arising out of these Terms, the Services, the sale or purchase of any merchandise ordered through the Website, or your access to or inability to access the Website, including for viruses alleged to have been obtained from the Website, your use of or reliance on the Website or the Services, regardless of the type of claim or the nature of the cause of action, even if such possible damages are made aware to you in advance.

You hereby release TrioClear™, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed ("claims"), arising out of or in any way connected with your use of this Website and its services.

Indemnification

You agree to indemnify, defend and hold  TrioClear™ and its affiliates, and its officers, agents, representatives, employees, partners and licensors, harmless from all claims from third parties, suits, actions, proceedings (formal and informal), investigations, judgments, deficiencies, damages, settlements, liabilities, and legal and other expenses suffered by or incurred by TrioClear™ and its affiliates and their officers, agents, representatives, employees, partners and licensors arising from or related to any of the following:

•             breach or violation by you of these Terms or any applicable law;

•             your gross negligence or wilful misconduct;

•             any liability arising from any information or data provided by you to TrioClear™ or the User Content thereof (including claims of infringement, ownership, libel, defamation, obscenity); and

 

TrioClear™ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you in which case you agree to cooperate with TrioClear™ in asserting any available defense

 

Severability

If any provision of these Terms is declared to be unenforceable, the remainder of these Terms will continue in full force and effect, and the unenforceable provision will be deemed modified to the extent necessary to comply with the applicable requirements of law, while retaining to the maximum extent permitted by law its intended effect, scope and economic effect.

Captions Used

 

The captions and section headings in these Terms are for convenience of reference only, and do not limit or otherwise affect the meaning or interpretation of any provision thereof.

 

Assignment

This agreement shall not be assigned by either Party hereto without the prior written consent of the other Party.

 

Entire agreement and amendment

This agreement, your prescription, and the Patient Informed Consent Form shall constitute and contain the entire agreement of the Parties and supersede any and all prior negotiations, correspondence, understandings and agreements between the Parties respecting the subject matter hereof, unless otherwise specified in writing by an authorized representative of TrioClear™,. This agreement can only be modified by an authorized representative of TrioClear™.

Waiver

The failure of either Party at any time or times to require performance of any provision hereof shall in no manner affect the right to enforce the same. No waiver by either Party of any condition, or of the breach of any term, provision, covenant  or warranty contained in this agreement, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of the breach of any other term, provision, covenant or warranty.

Governing law

These Terms shall be governed by, construed under and enforced in accordance with the laws of Hong Kong, without regard to any conflict of law provisions. The parties shall use best efforts to settle any dispute, claim, disagreement, question or issue directly through good-faith negotiations, which shall be a precondition to either party commencing any legal action.

 

Any notice, request, consent or approval required or permitted to be given under these Terms or pursuant to law shall be sufficient if in writing, and in your case, when sent by email and/or registered mail to the relevant address provided by you, and in the case of TrioClear™, to the addresses as set out below:

Email address   : cs@trioclear.com

Address : Flat B, 4/F, Hang Fat Industrial Building, 550-556 Castle Peak Road, Cheung Sha Wan, Kowloon, Hong Kong