Terms and Conditions
These Terms and Conditions are applicable to your access to and use of the websites, mobile applications, portals and other online services operated by Biolux Research Ltd., (also, “our”, “us”, or “we”) that link to or incorporate these Terms and Conditions (the “Online Services”). Your access to and use of the Online Services, and the information, services, materials, and products available through the Online Services, including without limitation the online store available through www.orthopulse.com and/or www.bioluxresearch.com (the “Store”), is subject to these Terms and Conditions, regardless of whether you create an account through the Online Services (“Account”).
By accessing or using the Online Services, you agree to these Terms and Conditions. Please read them carefully. If you do not understand or agree to be bound by these Terms and Conditions, do not access or use the Online Services.
THIS AGREEMENT CONTAINS A PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE SEE THE APPLICABLE LAW AND DISPUTE RESOLUTION SECTION FOR INFORMATION.
When you use the Online Services or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices via the Online Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in, or made available through, the Online Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, along with the compilation of such content, is the property of Biolux or its content suppliers, and is protected by Canadian and international copyright laws, and may be subject to other intellectual property protections, including patent and trademark rights under Canadian, other national laws, or international law.
We may require that you create an account to access or use some or all of the Online Services. By creating an account, you agree to: (a) provide accurate and current information; and (b) maintain and promptly update such information to keep it accurate and current. If you provide any information that is false, inaccurate, or deceptive, as determined in our sole discretion, we may suspend or terminate any account you establish, decline to provide you with services on the Online Services, and/or refuse any or all current or future use of the Online Services or any portion thereof.
If you create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You may not share your account and password with anyone. You agree that you are responsible for all activities that occur under your account or password, even if not authorized by you. You must notify us immediately of any breach of security or unauthorized use of your account.
When using the Online Services, you agree to:
Terms for Dentists, Orthodontists and Other Providers
This section establishes additional obligations for dentists, orthodontists and other dental providers that treat patients using OrthoPulse®.
You understand and agree that prior to your patients or yourself using the OrthoPulse® Mobile App or Dr Portal including, without limitation, creating a patient account via the OrthoPulse® Mobile App (or Dr. Portal) or collecting information from a patient’s OrthoPulse® device, the patient, or the patient’s legal guardian if the patient has not reached the age of majority or as otherwise applicable, must have provided a formal consent by agreeing to the then-current Biolux Patient Consent Form available here, . The patient’s or the patient’s legal guardian’s consent will be requested by Biolux by texting a link to the Patient Consent Form and requesting the patient or the patient’s legal guardian to actively respond by clicking “I Agree”. Under no circumstances may you provide Biolux, directly or indirectly, with information about a patient if you are aware that the patient or the patient’s legal guardian does not agree to the Patient Consent Form.
You also understand and agree that prior to a specific patient who is under the age of eighteen (18) years old using the OrthoPulse Mobile App, the patient’s parent or guardian must have provided a formal consent by agreeing to the then-current Biolux Parent Acknowledgment Form, available here. The patient’s legal guardian acknowledgment will be requested by Biolux by texting a link to the Parent Acknowledgment Form and requesting the patient’s legal guardian to actively respond by clicking “I Agree”. Under no circumstances may you provide Biolux, directly or indirectly, with information about a patient who is under the age of eighteen (18), or allow such a patient to use the OrthoPulse® Mobile App, if you are aware that the patient’s parent or legal guardian does not agree to the Parent Acknowledgment Form.
You agree that you will comply with all applicable laws, including privacy and data security laws, when using the OrthoPulse® and when collecting, using or sharing data associated with the use of the OrthoPulse®.
Online Store Terms
The following terms, to the fullest extent allowed by the applicable laws, apply to your purchase of products and/or services from the Store, including without limitation the purchase of any OrthoPulse® devices.
With respect to items sold through the Store, we cannot confirm the price of an item until you order the item. Although we endeavor to provide complete and accurate pricing information, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than the price stated in the Store, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We do not charge your credit card until after your order has entered the shipping process.
The OrthoPulse® contains a rechargeable lithium polymer battery. The battery is not userserviceable or replaceable. To maintain battery life, do not let the battery completely discharge. Under proper use and storage conditions, the battery life is approximately 2 years.
If the OrthoPulse® becomes damaged, return it to the manufacturer for replacement or repair. Prior to use, the user should inspect the OrthoPulse® for noticeable signs of damage or wear. If damage is suspected, notify your orthodontist or dentist for replacement or repair. Do not substitute any parts or materials in the device.
This limited warranty is, to the fullest extent allowed by applicable law, governed solely by the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws; the courts of British Columbia, Canada shall have exclusive jurisdiction over any claims relating to this limited warranty.
Warranty Exclusions, Limitation of Liability, and IndemnificationThe following terms and conditions apply to your use of Online Services, including without limitation your purchase of OrthoPulse® equipment from the Store and your use of any mobile applications operated or provided by Biolux:
IN NO EVENT WILL BIOLUX BE LIABLE FOR ANY SPECIAL, EXTRAORDINARY, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, LOST PROFITS, LOSS OF OPPORTUNITY, BUSINESS INTERRUPTION, PERSONAL INJURY OR DEATH, OR ANY OTHER LOSS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THE ORTHOPULSE, EVEN IF BIOLUX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, AS A RESULT OF OR IN CONNECTION WITH ANY USE OF THE ORTHOPULSE®, BIOLUX BECOMES LIABLE TO THE PURCHASER OR ANY OTHER PERSON FOR ANY DAMAGES, LOSSES, COSTS, EXPENSES, OR OTHER LIABILITIES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (IN CONTRACT, TORT OR PURSUANT TO STATUTE), THEN BIOLUX'S AGGREGATE LIABILITY WILL BE LIMITED TO AN AMOUNT EQUAL TO THE PURCHASE PRICE PAID FOR THE ORTHOPULSE®. The exclusion of certain conditions and warranties and time limitation of certain liability is prohibited in some jurisdictions. In the event some jurisdictions do not allow the exclusion or limitation of damages to the extent indicated above, our liability in such jurisdictions shall be limited to the extent permitted by law.
Terms for the OrthoPulse® Mobile Application or Dr. Portal
Along with the rest of the Terms, this section describes certain rights, obligations, and commitments applying to your use of the OrthoPulse® Mobile App or Dr. Portal.
Your use of the OrthoPulse® Mobile App or Dr. Portal may also be subject to the terms and conditions of any service agreement with your wireless carrier.
You understand and agree that the OrthoPulse® Mobile App or the use of the Dr. Portal is licensed, not sold, to you for use only as outlined in these Terms and Conditions. We reserve all rights not expressly granted to you. We have the right to license the OrthoPulse® Mobile App or Dr. Portal and all underlying content, information, applications, and intellectual property. This license is limited to a non-transferable license to use the OrthoPulse® Mobile App or Dr. Portal on the applicable mobile device that you own or control (e.g., iDevice, iPod touch, Android device, etc.), in accordance with the Terms and Conditions, and, as applicable, Google Inc.'s (“Google”) “Google Play Terms of Service” (http://play.google.com/about/terms.html) and/or the Usage Rules set forth in the Apple Inc. (“Apple”) “App Store Terms of Service”.
This license does not allow you to use the OrthoPulse® Mobile App or Dr. Portal on a device that you do not own or control, and you may not distribute or make the OrthoPulse® Mobile App or Dr. Portal available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the OrthoPulse® Mobile App or the use of the Dr. Portal. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the OrthoPulse® Mobile App, any updates, or any part thereof.
You acknowledge that you are entering into these Terms and Conditions with us and not with Apple or Google; that, Apple and Google and each of Apple’s and Google’s subsidiaries are third-party beneficiaries of these Terms for the OrthoPulse® Mobile App and may enforce them; that we are solely responsible for the OrthoPulse® Mobile App or Dr. Portal and its associated data; that Apple and Google makes no warranty with respect to the OrthoPulse® Mobile App or Dr. Portal and its associated data and has no obligation whatsoever to furnish any maintenance and support services for the OrthoPulse® Mobile App or Dr. Portal; that Apple and Google are not responsible for addressing any claims relating to the OrthoPulse® Mobile App and its associated data or your possession or use of the OrthoPulse® Mobile App and its associated data, including, but not limited to: (i) product liability claims, (ii) any claims that the OrthoPulse® Mobile App fails to conform to any legal or regulatory requirement, and (iii) claims arising under consumer protection and similar legislation; and that if a third party claims that the OrthoPulse® Mobile App and its associated data or your possession or use of such infringes a third party’s intellectual property rights, Apple and Google are not responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. In the event of any failure of the OrthoPulse® Mobile App to conform to any applicable warranty, you may notify Apple or Google, as applicable, and Apple or Google will refund the purchase price for the OrthoPulse® Mobile App to you; and, to the maximum extent permitted by applicable law, Apple or Google, as applicable, will have no other warranty obligation whatsoever with respect to the OrthoPulse® Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility if not effectively disclaimed.
We do not warrant that a third party cannot decrypt your information should a third party come into possession of your device on which you have downloaded the OrthoPulse® Mobile App or are using the Dr. Portal. We suggest that you use all security features of your device, including any password or locking function, to protect your device and the confidentiality of your information.
To the extent that the OrthoPulse® Mobile App or Dr. Portal may utilize third-party wireless networks, we cannot guarantee that your communications will not be intercepted by others. You agree that we will not be liable for any damages for any loss or disclosure of personal information occurring in communication over networks outside our control.
From time to time we may issue updates to the OrthoPulse® Mobile App through the Online Store from which you download the OrthoPulse® Mobile App, and a notification may be sent to your device. Depending on the update, you may not be able to use the OrthoPulse® Mobile App until you have downloaded the latest version of the OrthoPulse® Mobile App and accepted any new terms.
The OrthoPulse® Mobile App and Dr. Portal are subject to transmission limitation or interruption.
You agree that we may automatically update the OrthoPulse® Mobile App or Dr. Portal for various reasons, including, but not limited to, improving the Services or improving the security of the OrthoPulse® Mobile App or Dr. Portal.
You understand that the uploading of information to your mobile device in connection with the OrthoPulse® Mobile App or Dr. Portal is at your own risk and that we are not responsible for unauthorized access to or use of any personal or other information. All information uploaded to the OrthoPulse® Mobile App or Dr. Portal may be stored on your mobile device and you understand that the security and safety of your mobile device is your sole responsibility.
You acknowledge that the laws and regulations of the United States and other countries may restrict the export and re-export of the OrthoPulse® Mobile App. You agree that you will not export or re-export the OrthoPulse® Mobile App in any form or to any recipient whether inside or outside the United States in violation of applicable United States and foreign law. By downloading the OrthoPulse® Mobile App or using the Dr. Portal, you represent and warrant that (i) you are not located in a country that is subject to a U. S. Government embargo, or that has been designated by the U. S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U. S. Government list of prohibited or restricted parties.
Applicable Law and Dispute Resolution
Any dispute or claim relating in any way to your use the Online Services, or to any products or services sold or distributed through the Store, will, to the extent permitted by law, be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions as a court would.
All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement, shall be arbitrated and finally resolved, pursuant to the Simplified Arbitration Rules of the ADR Institute of Canada, Inc. The place of arbitration shall be Vancouver. The language of the arbitration shall be English. The law of this arbitration clause shall be British Columbia Law. The number of arbitrators shall be one.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
AS AN EXCEPTION TO THIS ARBITRATION PROVISION, EITHER YOU OR BIOLUX MAY PURSUE IN SMALL CLAIMS COURT ANY CLAIM THAT IS WITHIN THAT COURT’S JURISDICTION SO LONG AS SUCH CLAIMS ARE BROUGHT ONLY ON AN INDIVIDUAL BASIS.
NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF NEW YORK, IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN ARBITRATION.
YOU AND BIOLUX ALSO AGREE TO ARBITRATE IN EACH OF YOUR AND OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
IF YOU INITIATE ARBITRATION, YOUR ARBITRATION FEES WILL BE LIMITED TO THE FILING FEE SET FORTH BY JAMS. REGARDLESS OF WHO INITIATES ARBITRATION, BIOLUX WILL PAY YOUR SHARE OF ARBITRATION FEES (NOT INCLUDING YOUR ATTORNEYS’ FEES) UP TO A MAXIMUM OF $2,500. IF THE ARBITRATOR RULES AGAINST BIOLUX, IN ADDITION TO ACCEPTING WHATEVER RESPONSIBILITY IS ORDERED BY THE ARBITRATOR, BIOLUX WILL REIMBURSE YOUR REASONABLE ATTORNEYS’ FEES AND COSTS UP TO A MAXIMUM OF $5,000, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF YOUR CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH. IN ADDITION, IF THE ARBITRATOR RULES IN BIOLUX’S FAVOR, IT WILL NOT SEEK REIMBURSEMENT OF OUR ATTORNEYS’ FEES AND COSTS, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF YOUR CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH.
To help resolve any issues between us promptly and directly, you and Biolux agree to begin any arbitration within one year after a claim arises; otherwise, the claim is waived.
It is important that you understand that by entering into this agreement, both you and Biolux are each waiving the right to a trial by jury or to participate in a class action against the other party for claims that are covered by this “Applicable Laws and Disputes” section. The arbitrator’s decision will be conclusive and binding and may be entered as a judgment in any court of competent jurisdiction.
If you have any questions or concerns about the Online Services or these Terms and Conditions, please contact us here:
825 Powell Street #230
Vancouver BC V6A 1H7
These Terms and Conditions were last updated on 21-FEB-17.