General Terms of Use

for web services of

voclar Vivadent PTY Ltd.
1-5 Overseas Dr
Noble Park VIC 3174
Australia

1.      Scope

These General Terms of Use apply to web services provided by IVOCLAR VIVADENT AG and its affiliates. IVOCLAR VIVADENT AG provides web services which require registration by the users and, if applicable, device registration. The following terms of use apply to said users. In addition, there may be additional terms and conditions for certain services, which will be expressly introduced to users prior to registration, if applicable.

2.      Subject matter of the Terms of Use

The subject matter of these Terms of Use is the registration of users, as well as, where applicable, the registration of devices for the purpose of transmitting machine data.

The access does not entitle users to specific services, but merely gives them the opportunity to register for the offered services. In addition, IVOCLAR VIVADENT AG is entitled to change services for which users are registered to the extent reasonable and where the change is a further development of the services or is technically (e.g. to increase the availability of the services) or legally necessary. Furthermore, IVOCLAR VIVADENT AG is free to modify, suspend or terminate the services without any obligation to provide reasons.

The following web services are subject to the Terms of Use (as of February 2021):

Bezeichnung

Domain / Registrierung

Web-Shop

https://www.ivoclarvivadent.com

Order Manager

https://ordermanager.ivoclarvivadent.com/

Geräteregistrierung

https://mydevice.ivoclarvivadent.com/

Ivoclar-Cloud

https://connect.ivoclarvivadent.com/

Customer Academy

https://www.ivoclarvivadent.com/academy

 

3.      Registration of users; cancellation

The registration for the respective services takes place on the respective domain of the services as mentioned in the table under point 2 above and is carried out by the users.

Users undertake to provide solely truthful information when registering and to keep such information up to date. Users are advised that legal declarations within the scope of these Terms of Use may also be sent by e-mail. 

The registration will be confirmed to the users by IVOCLAR VIVADENT AG at the e-mail address provided. Users may cancel this registration after receiving the confirmation email without being required to give any reason. To meet the deadline, it is sufficient to send the cancellation in good time to the following e-mail address: dataprotection.auckland@ivoclarvivadent.com

 

4.      Device registration

Device registration takes place on the platform https://mydevice.ivoclarvivadent.com/ and is carried out by the users.

4.1.    Which data is transmitted during device registration?

 

·        Serial number of the device

·        Machine name

·        IP address of the device

To ensure a high system availability of the device, the technical conditions of the device should be assessed. To assess the technical conditions, the following device’s machine data from ongoing operation are transmitted:

·        the version numbers of the programmes in use on the device

·        error messages by the device

·        the tool currently in use

·        the number of operations performed

·        the actual coordinates of the individual axes and the respective deviations from the target coordinates

·        current sensor values of e.g. voltage, electricity, pressure, temperature, tact frequency, speed, utilisation, filling level

·        the status of individual subcomponents

·        information on burning programmes and editing strategies

 

4.2.    What purpose is the machine data used for?

 

·        Ensuring and guaranteeing the operation of the machine

·        Optimisation of the machine operation

·        Identifying potential sources of error

·        We need and use the data to comply with our

 

o   statutory obligations (e.g. warranty) and

o   contractual obligations (e.g. warranty contract)

in the context of the purchase, warranty or service contract vis-à-vis the data subjects. Furthermore, users can be informed promptly about the current condition of their device in order to recognise imminent damage to the device at an early stage and to be able to avoid it if countermeasures are taken in time.

We need and use the data to further develop and constantly improve our devices in the interest of our customers.

 

4.3.    Duties of the users

 

·        Users undertake to register only their own devices and to keep their master data up to date.

·        In addition, the users assure that the personal information they provide upon registration, in particular their first and last names, postal address, date of birth and e-mail address, is true and correct. In particular, users are not allowed to provide data of third parties.

·        Users shall not disclose their password and account to third parties and shall protect them from access by third parties.

 

5.      Liability

IVOCLAR VIVADENT AG is only liable for intent and gross negligence as well as for breach of an essential contractual obligation (essential obligation). In the event of a slightly negligent breach of an essential obligation, the liability of IVOCLAR VIVADENT AG shall be limited to damages foreseeable at the time of conclusion of the contract and which are typical for the type of contract. IVOCLAR VIVADENT AG shall not be liable for slightly negligent breaches of ancillary obligations that are not essential obligations. In cases of initial impossibility to perform, IVOCLAR VIVADENT AG shall only be liable if the impediment to performance was known or if the lack of knowledge is due to gross negligence, unless it concerns an essential obligation.

The above limitations of liability shall not apply in the event of fraudulent concealment of defects or in the event of the assumption of a guaranteed quality, for liability for claims based on the Product Liability Act and for bodily injury (life, body, health). This does not imply a shift in the burden of proof to the disadvantage of the user.

Insofar as the liability of IVOCLAR VIVADENT AG is excluded or limited, this also applies to the personal liability of the employees, representatives and vicarious agents of IVOCLAR VIVADENT AG.

With the exception of tortious claims, the user's claims for damages for which liability is limited under this clause shall become statute-barred after one year, calculated from the statutory commencement of the limitation period.

6.      Data protection

IVOCLAR VIVADENT AG processes and stores user data in accordance with the provisions of the General Data Protection Regulation (GDPR). The data protection declaration informs the user comprehensively about the collection, processing and use of personal data. The privacy policy is available at https://mydevice.ivoclarvivadent.com//.

 

7.      Copyright

All contents (such as texts, images, information, files, web pages, etc.) of the web services are subject to copyright and other laws protecting intellectual property. They may not be published, used, copied, passed on or changed without express written permission.

For contents of the web services that are not subject to the copyright of IVOCLAR VIVADENT AG, the respective rights of the copyright holder apply.

 

8.      Note for Webinar / Webcast / Podcast

Webinars / webcasts / podcasts (hereinafter "media content") of IVOCLAR VIVADENT AG, including the content and all logos, texts, images, videos and other works contained, displayed or used, are subject to copyright and other laws protecting intellectual property. Media content (including content and works) may only be downloaded for personal, non-commercial purposes. Any use beyond the above is prohibited without the prior and express consent of IVOCLAR VIVADENT AG; in particular, making the material available to the public is expressly prohibited. Media content is aimed exclusively at professionals. The speaker reflects his/her own opinion and experience in the media content. Media content does not constitute advice from IVOCLAR VIVADENT AG. IVOCLAR VIVADENT AG is not liable for the statements of the speakers, especially not for their correctness and completeness.

 

9.      Final provisions

Should these Terms of Use contain invalid provisions or be incomplete, the validity of the rest of the contract shall remain unaffected.

These Terms of Use shall be governed exclusively by Liechtenstein law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of IVOCLAR VIVADENT AG.

Unless otherwise agreed, the user may submit all declarations by e-mail. Declarations vis-à-vis the user can be sent by e-mail to the address that the user has provided as current contact data.

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Last updated: February 2021, Ver