If You visit the website www.realguide.com, You accept these terms and conditions and any other term which is incorporated herein by reference; if You do not agree, please do not use the Site or any Products or Services therein available. We recommend that You read the Terms carefully. We can update the Terms at any time, without notice.
Privacy and security
You acknowledge and agree that, by entering Your personal identification information in the Site, despite having protective measures to prevent unauthorized access or interception of the same, there is no absolute guarantee of security.
In the unlikely event of an unauthorized interception or access despite our efforts, We decline any responsibility for such interception or unauthorized access, or for any direct, indirect, special, incidental or consequential damage (including loss of profits) suffered by a customer or user. Even if We have been previously advised of the possibility of such damages, We do not guarantee, explicitly or implicitly, that the information provided by any customer shall be free from interception or unauthorized access, and do not provide any implied warranties of merchantability and fitness for a particular purpose. Each customer is responsible for maintaining the confidentiality of their password.
The definitions below constitute an integral part of these Terms.
"3DIEMME" means 3DIEMME® S.r.l. an Italian company with registered address in Via Risorgimento 9, 22063 Cantù, (CO) Italy;
"Account" means the account as a registered customer, required to download or purchase the Products or the other Services available in the Site;
"Product" means the RealGUIDE ™Z3D software and related subscription packages which may be downloaded and purchased from the Site;
"Services" means technical support services that are offered to You upon request which are charged by the hour;
"Site" means the website www.realguide.com;
"Team of Experts" means any experts, including other users of RealGUIDE software , or dedicated experts at Zimmer Biomet, Implant Concierge, 3Diemme and third parties authorized partners with whom You have the possibility to share Your project in the cloud;
"Terms" means these terms and conditions, including any other terms incorporated herein by reference;
"You" means any professional individual (e.g.: dental technician, dentist, etc.) or company who is using the Site and/or is purchasing Products or Services from Zimmer Biomet Companies for professional purposes;
"Zimmer Biomet Companies" or "We" (and any declension of such term), means the entities responsible for the provision of the Products and Services offered in the Site, including 3DIEMME as owner of the Site, and their affiliated companies.
2. General conditions of use of the Site
- Use of the Site: In addition to allowing You to purchase the Products or Services and manage Your Account, the Site is made available for information purposes. By accessing the Site, You agree that You will not use the Site for any purpose that is unlawful or prohibited by these Terms or by the law. You may not use the Site in any way that could damage, disable, overload or compromise any server or network of the Zimmer Biomet Companies. You shall not gain or try to gain unauthorized access to any area in the Site which is protected by password, or any other computer systems or networks connected to any server of the Zimmer Biomet Companies through hacking or any other means.
- Purpose of the Site: All information provided by the Zimmer Biomet Companies in the Site is made available to ensure easy and immediate access for the convenience of interested persons. The Zimmer Biomet Companies aim to include accurate and up-to-date information, however they do not provide formal assurances or guarantees, explicit or implicit, regarding the accuracy or completeness of the information provided in the Site and decline any responsibility for the incorrect use of the Site and of any site connected to it. The information and materials provided in the Site are intended to be general and does not constitute a diagnostic/therapeutic indication for specific patient treatments. The Zimmer Biomet Companies may update the Site at any time without prior notice.
- Our liability: Neither the Zimmer Biomet Companies nor any other party involved in the creation, production or disclosure of the Site or any website connected to it will be held liable in any way for any direct, incidental, consequential or indirect damage, deriving from the access, the use or the impossibility to use the Site or any site connected to it, or from any error or omission in its contents. The Site availability and software availability depends on third party service providers. In no event will Zimmer Biomet Companies or any of its or their respective licensors or service providers, be liable to you for any use, interruption, delay, inability to use of the Site including any problems caused by our service provider including but not limited to data centre operator, internet service provider and power supplier. We will use sole discretion to determine the extent by which any effort, assistance and/or support resources are utilized to recover the Site services.
- Forward-looking information: The Site may contain forward-looking information. Such information is subject to a variety of significant uncertainties, including scientific, commercial, economic and financial factors, and therefore actual results may materially differ from those assumed.
- Product information: Products shown or described in the Site may not be available or not be regulatory cleared, released or licensed for sale in all markets. Please contact Us for information on the range of existing Products and their availability. The images of the Products in the Site are not necessarily to scale. All Products are destined to be purchased and used only by dentists or dental technicians qualified for the profession as well as by sector distributors.
- Services: Technical services are available through scheduled appointment and fixed hourly costs as indicated in the Site.
- Information on the Team of Experts: The Zimmer Biomet Companies involved in the manufacture or distribution of Products offer no formal assurances, warranties, commitments or other forms of liability, express or implied, with respect to both the qualifications of the Team of Experts listed or mentioned in the Site and the level of quality and care they provide. Nothing here is to be interpreted as assuming that the Zimmer Biomet Companies have established a trading company, joint venture or business representation relationship with any member of the Team of Experts. Zimmer Biomet Companies are not responsible for any information or assistance provided by the Team of Experts.
- Dental licensing: The Zimmer Biomet Companies are not a licensing or governing body for dental professionals; please refer to the appropriate governmental dental licensing authority for license or status verification. The Zimmer Biomet Companies make no representations regarding any Team of Experts members licensing status.
- General assistance: General assistance is provided from Monday to Friday from 9 a.m. to 1 p.m. CET time and from 2 p.m. to 6 p.m. CET time (except holidays). You can check here the contact details for the customer assistance for Sales or Support applicable to your Country. Access the dedicated RealGUIDE help desk area at (https://www.realguide.com/en/contact-us/) and receive assistance for any information relating to order management, billing, commercial and technical information.
- Your Account: To purchase Products or Services or to access certain features of the Site, You will be required to create an Account by registering Your name, providing certain information, creating a password and accepting the relevant terms. You agree to provide complete, current and accurate information and to keep such information up to date. Such information will be treated as described in Our privacy notice. It is Your responsibility to protect the confidentiality of Your username and password, used to access Your Account. You agree not to disclose Your username or password to third parties. You agree to be solely and fully responsible for any activity or action taken through Your Account, whether You have authorized or not authorized such activities or actions. You will immediately inform Us of any abusive use of Your Account.
- Electronic Communications: When You visit the Site, contact Us through our Help Desk area or send e-mails to a Zimmer Biomet Company, You are communicating to Us electronically. You agree to receive communications electronically from the Zimmer Biomet Companies. Without prejudice to applicable mandatory law provisions, You agree to the following condition: all agreements, notices, disclosures and other communications sent to You electronically by the Zimmer Biomet Companies meet any legal requirement under which written form is required. You understand that You, and not the Zimmer Biomet Companies, are responsible for all electronic communications and contents sent by You.
3. General conditions of sale
- Payment information: If You wish to purchase Products or Services through the Site, You will need to provide certain information relating to Your purchase, including payment information. Such information will be treated as described in Our privacy notice. All information You provide to the Zimmer Biomet Companies, or external payment processors must be accurate, current and complete. You ensure and warrant that You have the right to use any credit card, or other means of payment, used to initiate any transaction. You agree to pay all charges or fees that You or any user of Your Account have incurred by using the Site and purchasing Products or Services therein. You will also be responsible for paying any applicable taxes or duties relating to Your purchases. Verification of information related to a purchase may be requested before Our acceptance of any order.
- Products available for download: Products will be directly available for download from the Site. By downloading the Product You agree to be bound by these general conditions of sale, as well as the applicable software license agreement.
- Subscription packages: Certain Products and features will be available for free or will benefit of a free-30-day trial, as described in the Product’s information pages of the Site or in the Product’s interface. Upon expiration of the free trial, You may continue to use the free features of the Product or You will be required to choose a subscription package.
- Purchase order and acceptance. In order to purchase a Product (including a subscription package) or a Service, You will need to contact Us via the Site. Once Your request has been processed, You will receive an e-mail confirming the receipt of Your order and a copy of these Terms and any additional information materials. All Products or Services contained in an order which has not been confirmed by Us by email are not accepted. If available, You may also purchase a Product or a subscription package directly from the Site. You will be required to follow the instruction therein provided in order to finalize Your order.
- Seller: When You purchase a Product (including a subscription package) or a Service on the Site the seller will be the Zimmer Biomet Company indicated in the order acceptance e-mail.
- Compliance with the law: By placing an order, You are fully aware of the fact, and implicitly declare that, the Products ordered will be used exclusively in compliance with the law.
- Product availability: Some Products or Services may not be available in all markets or may not be approved / authorized by the relevant bodies or may not be licensed for sale.
- Product changes and updates: the Zimmer Biomet Companies are continuously striving to improve their Products; therefore, the Zimmer Biomet Companies reserve the right to improve, modify or discontinue Products at any time, or to change specifications and prices without prior notice and without incurring in obligations of any kind. Price changes shall not apply to orders already accepted by the Zimmer Biomet Companies.
- Software Purchases: The use of the Product is subject to a software license agreement which You are required to read and accept in order to use the Product. If You are unable to accept it, You shall not use the Product.
- Payment terms:
- The only payment method available to You will be credit card. Cash payments or bank transfers are not allowed unless otherwise agreed.
- For subscription packages, including annual subscriptions paid monthly, in Spain, France, Germany, Netherlands and Portugal, the only available payment method will be by direct debit, unless otherwise agreed.
- Further payment conditions can eventually be agreed via email.
- Prices are expressed in Euros, GBP, CHF or US$ depending on your country/region.
- The price agreed shall be the one indicated in the order confirmation.
- Limitation of Liability
- You assume all risks and responsibilities arising from the use of the Products or of the Services, whether they are used independently or in combination with other products or services not made by the Zimmer Biomet Companies.
- Save for gross negligence or wilful misconduct, under no circumstances will the Zimmer Biomet Companies be liable to You, to the Team of Experts or any third party for loss of profits, for treatment failure to comply with generally accepted standards of dental practice or for any other direct or indirect, accidental or consequential damage resulting or arising from the design, composition, conditions, use or performance of the Products or of the Services.
- Under no circumstances will the Zimmer Biomet Companies be liable for the services performed by third parties, including the concierge services available in the Product. You acknowledge and agree that such concierge services are offered by independent third parties and expressly waive any claim related to such concierge services against the Zimmer Biomet Companies.
- Without prejudice to the warranty provided under these Terms, the Zimmer Biomet Companies do not offer any other warranty, express or implied, written or oral, with respect to the Products or the Services, including warranties of merchantability or fitness for any particular use.
- Although the information and recommendations in the Site are presented in good faith and in the belief that they are correct, no formal assurances or warranties are made as to their completeness or accuracy. The information is provided on the condition that the persons receiving it, before putting it into practice, make their own decisions regarding the suitability of such information for the specific purposes. Under no circumstances will the Zimmer Biomet Companies be liable for damages of any nature deriving from the use of, or from the reliance made on, information from the Site or Products or Services to which the information refers. It is strongly recommended to attend and complete a recognized postgraduate implantology course, and to strictly adhere to the procedures described in the instruction manuals to the Products and in the related instructions for use. Neither the Products, the Services, nor any information made available by Us are intended to replace the services of a licensed professional healthcare practitioner, or to replace the medical advice of treatment providers.
- No guarantees are made on the accuracy of descriptions, images, references, features, contents, specifications, prices and availability of the Products or the Services sold on the Site and the Zimmer Biomet Companies do not assume any liability for any errors or omissions in such materials.
4. Intellectual property rights
- Intellectual property rights: All intellectual property rights in the Site and on the Products are and will remain in the exclusive property of the Zimmer Biomet Companies or their licensors, as applicable. All texts, graphics, interfaces, pictures, trademarks, logos, sounds, music, videos, illustrations and computer code contained in the Site is owned, controlled or licensed by or to the Zimmer Biomet Companies, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
- Copyright: The Site and the information contained and referenced therein are copyright protected. Any copying, reproduction, republication, server upload, translation, retransmission or other use is strictly prohibited. Requests for permission to reproduce any information contained in the Site must be addressed to Us. When You download and use any such material, You must always clearly indicate that the material belongs to Us (referring to it with the copyright notice ®), and You must refrain from making any declaration which may imply that any of the Zimmer Biomet Companies endorses Your professional practice or that this is proper to a Zimmer Biomet Company. You must refrain from altering or modifying any of the materials available for download. The materials available for download can be cancelled or modified at any time by Us, without notice. We make no formal assurance as to the suitability or legality of Your use of such material in Your jurisdiction. Please refer to the laws and regulations in Your locality to determine if such use is permitted. We will not be held liable for any consequences arising out of, or in connection with, the use by third parties, including You, of any of the materials available for download and You agree to fully indemnify the Zimmer Biomet Companies for all direct and indirect damages, as well as for legal fees of a reasonable amount, which may be caused by Your use of the materials.
- Trademark Guidelines: In order to improve readability, the ® or ™ symbol may not be used in the running text or in the figures or other images of the Site related to the above brands, as well as the ™ or ® symbol for third party brands. This shall not be deemed as a waiver of rights on their trademarks or a failure to recognize the rights of third parties on their respective trademarks. Nothing in these Terms may be construed as to waive any right on the respective trademarks, service marks or other intellectual properties. Proper use of the trademark and service marks of the Zimmer Biomet Companies is important. You may use such trademarks, service marks or product names to refer to the Products or the Services, provided that You follow these guidelines. Your use must not mislead consumers with respect to any sponsorship, affiliation or endorsement of Your company or Your products or services by the Zimmer Biomet Companies. You must not discredit the Zimmer Biomet Companies. When referring to the Products, apply the appropriate trademark symbols in accordance with the trademarks currently in force. The most common way to highlight trademarks over other words or names is to capitalize the product name and use the appropriate trademark symbol and descriptor. Examples:
- Correct: RealGUIDE™ Z3D
- Incorrect: RealGUIDE Z3D
When You use the trademarks, service marks or product names of the Zimmer Biomet Companies, include an attribution of ownership of the trademarks in the "acknowledgments" section of Your documentation or announcement.
- Patents: The Products may be covered by one or more patents.
5. Compliance with the law
- Compliance: It is Your responsibility to verify and comply with all applicable local, state, federal and international laws (including minimum age requirements) regarding the possession, use and sale of any Product purchased through the Site and/or with respect to transmission of information through the Site. You therefore agree that any Product purchased through the Site will not be used in any manner prohibited by applicable laws, restrictions or regulations. Products can only be sold by authorized partners.
- Patient data: Furthermore, it is Your responsibility to comply with all applicable privacy laws. You must not enter patient data when making a purchase. It is Your sole responsibility to act in full compliance with all laws, in particular with laws relating to the protection of patients’ data.
- Disclosure to Third Parties: The Zimmer Biomet Companies adopts an ethical, proactive and professional approach to clinical-industrial relationships. Therefore, You are aware, and hereby agree, that certain transactions made in the Site may be disclosed to third parties based on applicable laws, rules or regulations.
You, may terminate Your access to the Site and Your Account at any time, with or without reason. We may suspend or terminate Your access to the Site and/or Your Account for convenience with 30 days’ advance notice, or immediately if (A) You have materially breached the following provisions of the Terms: Article 2.1 (Use of the Site), Article 3.1 (Payment information), Article 3.6 (Compliance with the law), Article 3.10 (Payment terms), Article 4 (Intellectual property rights), Article 5 (Compliance with the law); (B) Your use of the Site or of Your Account has harmed or We deem it might harm Us or any other third party. Upon termination in accordance with above mentioned breaches , Your right to access or use the Site will cease immediately and You will have no further access to any information, files or materials related to Your Account. No liability will arise towards You or any third party as a result of the interruption of the rights to access to Your Account.
7. Governing Law and Jurisdiction
These Terms are governed by the law applicable where the local entity of the Zimmer Biomet Companies selling the Product or the Services to You has its registered office, without reference to any applicable conflict of laws or the UN Convention on Contracts for the International Sale of Goods (CISG). All disputes between the parties in relation to the subject matter of these Terms will be exclusively adjudicated in the local Court of the city where the local entity of the Zimmer Biomet Companies selling the Product or the Services to You has its registered office (as indicated in Your order confirmation).
Additional condition only applicable for Italian selling company users:
Specific acceptance of contractual clauses pursuant to art. 1341, second paragraph, of the Italian Civil Code
Pursuant to Article 1341 of the Italian Civil Code, You expressly acknowledge that You have read, understood and accepted the following articles of the Terms: article 2.3 “Our liability”; article 3.11: "Limitation of liability"; article 6: "Termination"; and article 7: "Governing Law and Jurisdiction"