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Terms & Conditions

The information below relates to Limbs & Things and their subsidiaries, including fls-products, eoSurgical, and Waldemar Larsson.

"Company" means Limbs & Things Limited in all its regions, and divisions including: fls-products, eoSurgical & Waldemar Larsson. The "Customer" means any party contracting with the Company.

"Goods" means any equipment, product, or article to be sold by the Company to the Customer.

By visiting this site and/or purchasing from it, you engage in the Company's service and agree to be bound by the Terms & Conditions (Terms of Service, ToS, Terms) set out below. These apply to all users without limitation.

The terms set out hereunder shall apply to any contract made between the Company and the Customer.

Terms & Conditions

  1. No person other than a Director of the Company shall have the authority on behalf of the Company to vary, waive, or add to these terms, or to make any agreement, or give any consent, referred to therein and no such variation waiver addition or agreement or consent shall be binding upon the Company unless it is in writing and signed by a director
  2. The Customer may not use the Company's products for any illegal or unauthorised purpose, nor may they violate laws in any jurisdiction
  3. The Customer must not transfer/transmit any worm, code, virus or malware of a destructive or phishing nature
  4. A breach or violation of any of these Terms may result in the immediate termination of your service
  5. The Company reserves the right to refuse service to anyone at any time
  6. You agree not to reproduce, sell or exploit any portion of the Company's service or product range without express written permission from the Company

The Company's prices are quoted in Sterling unless otherwise indicated on the quotation and are exclusive of all government duties and taxes relating to the supply for which the Customer will remain liable at the relevant rate.

Until an order is binding on the Company in the terms set out, all prices are subject to variation without notice.

Requests by the Customer to modify or vary specifications must be agreed in writing by the Company and made subject to the Customer paying any resulting additional costs or price increases.

The Company reserves the right to modify quoted prices whether before or after the order is binding on the Company if prices of components imported from outside the UK are affected by changes in exchange rates or government duties or taxes to take account of any other variation in costs including without limitation variation in the cost to the Company of supplies, materials, labour, operation or transport provided that in the event of any such changes in price after the purchase order has been placed by the Customer the Customer shall be entitled to cancel the order within 7 days of being notified of the change and each party shall thereupon be discharged from any further liability in relation to the order.

No quotation made by the Company shall constitute an offer to contract with the Customer. Any order placed by the Customer in response to such a quotation shall constitute an offer made to the Company on the terms set out herein and shall be binding on the Company only if it is accepted by the Company in writing.

In any event without prejudice to other sub-clauses the supply of the Goods shall only be upon the terms set out herein (subject to any variation, waiver, addition or agreement made) and acceptance of delivery of the Goods shall be confirmation of the agreement of the Customer thereto in default of any prior agreement.

The Customer is responsible for obtaining all import licenses and indemnifies the Company for losses incurred in respect of Goods shipped without valid import licenses.

Delivery is subject to the granting of all necessary export licenses and the Company accepts no liability arising from any delay in obtaining such licenses.

Delivery shall be FCA Limbs & Things Limited, Bristol, UK (Incoterms 2020). Upon request, delivery can be arranged by the Company on behalf of the Customer and under these circumstances the Company reserves the right to reclaim all costs relating to the delivery of products from the Customer and will use reasonable endeavours to minimise these costs.

In cases where the Company arranges delivery of the Goods from the Company’s works, it does so as agent for the Customer and the Customer will indemnify the Company against all costs and liabilities relating thereto. The Customer shall remain responsible for insurance unless the Company is otherwise notified in writing.

Delivery of the Products will be arranged by the Company on or as close as possible to the Customer’s requested delivery date subject to the Company’s existing priorities and schedules. The Customer will be advised of Company’s estimated time or date for delivery, which is an estimate only, this may be cancelled or revised at the Company’s option. The Products comprised in any order may be delivered and invoiced in instalments, at the Company’s discretion.

Delivery will only be delayed at the Customer’s request if agreed in writing by the Company. Any costs incurred by the Company as a result of such delay shall be paid by the Customer.

If the Customer fails to take delivery of the goods or fails to give the Company adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of the Company’s fault) then, without prejudice to any other right or remedy available to the Company, the Company may:

  1. Store the goods until actual delivery, and charge the Customer for the reasonable costs (including insurance) of storage, or
  2. Sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract, or charge the Customer for any shortfall below the price under the Contract, in addition the Customer shall indemnify the Company against all costs, claims, expenses (including without limitation demurrage), or damages howsoever arising as a result of the Customer’s failure to take or delay in taking delivery

All orders will be shipped by our standard regional courier, unless otherwise requested. If you require priority shipping, state your needs on your order. Please note, additional shipping costs will apply.

We ask that you check your shipment within 7 days of receipt, and notify us of any issues within 14 days so that we can best address your concerns.

While we endeavour to meet your delivery requirements, our normal delivery time varies from 3-4 weeks from receipt of order, and may be extended at certain peak periods.

The Customer shall inspect the Goods on delivery at its destination and the Company shall not be liable for any damage to or defect in the Goods or for any shortage on arrival at its destination for which it would otherwise be liable hereunder unless the Customer shall have notified the Company and the carrier within 7 days of arrival and shall have given the Company reasonable opportunity to inspect the Goods concerned.

Notwithstanding delivery of the Goods or of any document representing the Goods, the property in each item of the Goods shall remain with the Company until full payment has been received by the Company for all goods whatsoever supplied by the Company to the Customer under this or any other contract.

Until such receipt by the Company the Customer shall, unless otherwise agree by the Company in writing:

  1. Ensure that the Goods are properly stored separately or marked so that they may be readily identified as the property of the Company
  2. Keep the Goods in its possession and control, intact and in a good state of repair and condition
  3. Keep the goods insured to their full value against all risks
  4. Not remove the Goods from the UK except as envisaged by this order or otherwise with the Company's prior consent
  5. Keep the Goods free from any charge, pledge, lien or other encumbrance, and from any distress, execution or other legal process, and upon request, inform the Company of the whereabouts of the Goods and procure that the Company shall have access thereto at all times on reasonable notice

In the event that payment for Goods is overdue in whole or in part, or the Customer becomes bankrupt or has a receiver, liquidator or administrator appointed in respect of its business or is otherwise shown to be insolvent, the Company may (without prejudice to its other rights) recover or resell the Goods and may enter upon the Customer's premises for that purpose.

Each consignment shall be invoiced to the Customer together with the cost of carriage where appropriate, on the acceptance of an order and except as otherwise agreed, the Goods shall not be delivered before payment is made.

The Company reserves the right to charge interest at Bank of England base rate, plus 3% on all overdue accounts.

Returned products must be unused and include: the original invoice, the original packaging, and be in a saleable condition. All returns are subject to a 15% re-stocking fee, and shipping costs will not be included in any cash refund or credit note given.

A cash refund will be given for a product returned within 30 days of the invoice date*. Items returned within 45 days of the original invoice will receive a credit note for the price of the product only. Credit notes are valid for up to 2 years, and may not be exchanged for cash at any time.

We cannot accept returns after 45 days of the invoice date.

To ensure your return is handled correctly, please contact Customer Services to log your return.

*Note: Software licenses are an exception to the returns policy. Subscription products, including Suture Tutor (STP-PRO-COM & STP-PRO-SUB) and eoSurgical SurgTrac, can't be returned once the online password/access has been issued.

The Company shall be responsible for any personal injury or death to the extent that it is shown to be caused by any negligence on the part of the Company and not directly or indirectly by any misuse negligence, wilful act or default by the Customer but in no circumstances will the Company be responsible for any loss of business or profit, arising for any reason including negligence on the part of the Company.

The Customer will keep the Company and its employees, agents, and other subcontractors, indemnified against any claim made by third parties relating to the Goods except any claim for which the Company accepts responsibility under the preceding sub-clause:

  1. Whereupon an inspection of the Goods (Under ToS Delivery) the Company is satisfied that any damage to or defect in the Goods, or shortage arose prior to the risk therein passing to the Customer that is, at or prior to loading for delivery, the Company shall, at its own expense, replace the Goods or make good any shortage as appropriate
  2. Except as provided in Liability statement above, the Company excludes all other terms, conditions and warranties, whether express or implied, and whether arising by statute or otherwise relating to the capacity, quality, description, state or condition of the Goods, or to their merchantability or fitness for the particular or any purpose for which they are or may be required and the Customer shall be taken to have satisfied itself as to the fitness of the Goods for that purpose

The Goods are sold solely for the purpose of training.

The Company retains full ownership of all inventions, designs, copyrights and processes relevant to the Goods created by or for the Company. Any drawings, specifications or manuals issued by or on behalf of the Company are copyright and confidential and the Customer may not reproduce the same or divulge the same to any third party without the Company's prior written consent. All rights subsisting in such drawings, specifications and manuals are reserved.

If any of the Goods have been designed, manufactured or processed either wholly or in part to the Customer's specification the Customer shall indemnify the Company against all claims arising from infringement of patents, designs and copyright with respect thereto.

In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Where the sale relates to more than one item/unit of sale, it shall be a separate and severable contract in relation to each item/unit of sale.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The contract shall be governed and construed in all respects in accordance with the laws of England.

All transactional data is held in accordance with our Privacy Policy and GDPR regulations.

If the Customer sends a submission to the Company in the form of comments, feedback, suggestions or other materials ("Comments") by any means, they agree that the Company may use them at any time, without restriction. The Company will be under no obligation to maintain these "Comments" in confidence, to pay compensation, or to respond.

We may, but have no obligation to, monitor, edit or remove content that we determine to be unlawful, offensive, threatening, impersonating someone, violates intellectual property rights or these Terms of Service. This is at the sole discretion of the Company. The Company takes no responsibility, and assume no liability for any comments posted by a Customer or Third Party.

Entry into competitions or draws run by the Company will be subject to their own Terms & Conditions, and stated before entry. Under these Terms & Conditions, the Company will assume that an entry is acceptance of these Terms, and that should the Customer win, they will allow use of their name, place of employment and/or position, along with a photo, as outlined therein, to announce the winner on the Company's social media outlets.

This website may contain third-party links that direct you from the Company's website to an external site that is not affiliated with the Company. The Company are not responsible for examining or evaluating the site and the contents therein. The Customer assumes responsibility and liability for any third-party materials or websites that are visited beyond the Company sites, and should review the third-party policies and practices before engaging in any transaction.

The Company has a policy of continual product improvement, and whilst every effort is made to reflect these changes as quickly as possible on the website, there may be occasions when the specification of products may vary from those shown. This includes all product details, imagery, documentation, software and additional information.

The Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice, at any point in the Customer's use of service. The Company is under no obligation to update, amend or clarify information, unless required to do so by law.

The Company reserves the right to update, change or replace any part of these Terms by posting updates and changes to our website. It is the sole responsibility of the Customer to check periodically for changes.

Warranties

Limbs & Things designs its products with care and to provide a long life of reliable service.  As such, it warrants the products it manufactures to be free from defects in materials and workmanship for a period of twelve (12) months (the ‘Warranty Period’) from the date of invoice (the ‘Warranty’).  If during this Warranty Period the product is defective, Limbs & Things will replace the product or its defective parts in accordance with the conditions below.

Conditions

  1. The Warranty is provided only when the original Limbs & Things’ invoice (the ‘Invoice’), or a legible copy thereof, is provided and, if requested by Limbs & Things, the return of the defective product. Limbs & Things reserves the right to refuse the Warranty if the Invoice cannot be provided.
  2. The Warranty excludes:
    1. Repair or replacement of parts due to normal wear and tear, staining, discoloration or other cosmetic irregularity which does not impede or degrade the product’s performance;
    2. Those parts intended to be consumable including but not limited to batteries and fuses;
    3. Packing, cases or accessories;
    4. Periodic maintenance;
    5. All risks of transport relating directly or indirectly to The Warranty.
  3. The Warranty is invalidated by:
    1. Evidence of failure to use the product in accordance with its intended purpose as described in the User Guide/s provided with the product;
    2. Any adaptations or changes which have been made to the product and deviate from its normal purpose as described in the User Guide/s;
    3. Damage during transportation;
    4. Failure to follow the maintenance instructions provided in the User Guide/s;
    5. If the type or serial number on the product has been altered, deleted, removed or made illegible;
    6. The product shows damage resulting from misuse, including but not limited to improper use, accidents, impact, exposure to temperature extremes, water (in the case of electrical equipment), improper or incorrect installation of software, installation or use of the product in a manner inconsistent with the technical or safety standards in force in the country where it is used.
  4. The Warranty does not affect the customer’s statutory rights under applicable national laws in force, nor the customer’s rights against the distributor arising from their sales contract.

Products not manufactured by Limbs & Things are subject to the manufacturer’s warranty, including but not limited to tablets and computers, and are available on request.

Selected Limbs & Things products are subject to Limited Warranties, due to the nature of the materials used in the manufacturing process. If during the Warranty Period (see below) the product is defective, Limbs & Things will replace the product or its defective parts in accordance with the conditions stated under our Standard Warranty.

9 Month Warranty:

  • 60100 Paracentesis Trainer (Light Skin Tone)*
  • 60111 Paracentesis Trainer (Dark Skin Tone)*
  • 60102 Paracentesis Pads (Pack of 2, LST)
  • 60113 Paracentesis Pads (Pack of 2, DST)

*Paracentesis Trainers (Light/60100 and Dark/60111) contain corresponding Paracentesis Pads (Light/60100 or Dark/60113), these Pads are subject to a 9 month Limited Warranty, the remaining parts are subject to the Standard Warranty.

CaRE Warranty - The Cardiovascular and Respiratory Examination Trainer is covered by an extended warranty. This warranty period of two (2) years starts from the date of invoice.

Conditions: Please refer to "Limbs & Things Product Warranty", point 1 of Warranties, for the conditions of this warranty.

License Agreements

SOFTWARE TERMS & CONDITIONS


“L&T” REFERS TO Limbs & Things Ltd
“the software” REFERS TO the Prompt Flex Birthing Simulator Software

L&T OWNS THE COPYRIGHT TO THE PROMPT FLEX BIRTHING SIMULATOR SOFTWARE. WE ARE WILLING TO LICENSE THE SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS LICENCE AGREEMENT. PLEASE READ THIS LICENCE AGREEMENT CAREFULLY BEFORE COMPLETING REGISTRATION OF YOUR BABY. BY REGISTERING YOUR BABY YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENCE AGREEMENT.

1. LICENCE

L&T owns the copyright in the software contained within this package (‘the Software’). This licence is personal to you as the purchaser of the Prompt Flex Wireless Force Monitoring (Bluetooth) Simulator and the licence granted herein is for your benefit only.

2. PERMITTED USE

As purchaser of the Prompt Flex Wireless Force Monitoring (Bluetooth) Simulator, you may load the Software onto any compatible computer, tablet or mobile device which is under your control.

3. RESTRICTIONS ON USE

You may not:

  1. sub-license, assign, rent, lease or transfer the licence or the Software or make or distribute copies of the Software;
  2. translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Software except as permitted by law;
  3. copy the written materials (except as provided by this agreement) accompanying the Software
4. TITLE

L&T shall at all times retain ownership of the Software.

5. SUPPORT

For registered users only, support is available Monday to Friday, excluding public holidays, during the following hours:

  • UK: 8.30 to 5.00
  • USA: 8.00 to 5.00 Eastern Time
  • Australia: 9.00 to 4.00 Eastern Standard time

by emailing or phoning using the details on our website Contact Us page. Support is undertaken on a best efforts basis.

6. UPDATES AND UPGRADES

If L&T makes any Updates and Minor Upgrades to the Licensed Software generally publicly available the Licensee will be entitled to obtain such Updates and Upgrades which will be deemed Licensed Software (and subject to the terms of the Agreement) for no additional fees. You acknowledge and agree that notwithstanding the foregoing, L&T is not obligated to make any Updates or Upgrades generally publicly available. “Updates” means any “bug” fixes or error corrections of the Licensed Software or any component thereof. “Minor Upgrades” means minor enhancements to functionality and other minor modifications to the Licensed Software that are not Updates.

L&T reserves the right to make a charge for any future Major Release, meaning a generally available release of the Software that contains functional enhancements and extensions and designated by L&T by means of a change in the digit to the left of the first decimal point (e.g., Software 5.0 >> Software 6.0).

7. DISCLAIMER

We do not warrant that this Software will meet your requirements or that its operation will be uninterrupted or error free. We exclude and hereby expressly disclaim all express and implied warranties or conditions not stated herein, so far as such exclusion is or disclaimer is permitted under the applicable law.

You are solely responsible for protecting and backing up the data and information stored on the devices on which the Software is used. Limbs & Things is not responsible for lost data or information in the event of errors or other malfunction of the Software or devices on which the Software is used. THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS.

8. LIABILITY

8.1 Our liability to you for any losses shall not exceed the value of the Software
8.2 In no event will we be liable to you for any indirect or consequential damages even if we have been advised of the possibility of such damages. In particular, we accept no liability for any programs or data made or stored with the Software nor for the costs of recovering or replacing such programs or data.
8.3 Nothing in this clause limits our liability to you in the event of death or personal injury resulting from our negligence.

9. TERMINATION
  1. The agreement and the licence hereby granted to use the Software automatically terminates if you:
    1. fail to comply with any provisions of this agreement; or
    2. destroy the copies of the Software in your possession; or
    3. voluntarily uninstall or delete the software
  2. In the event of termination in accordance with clause 9.1 you must destroy or delete all copies of the Software from all storage media in your presence.
10. ENTIRE AGREEMENT

You have read and understand this agreement and agree that it constitutes the complete and exclusive statement of the agreement between us with respect to the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between us relating thereto.

11. ASSIGNMENT

This agreement is personal to you and you may not assign, transfer, sub-contract or otherwise part with this agreement or any right or obligation under it without our prior written consent.

12. LAW AND DISPUTES

This agreement and all matters arising from it are governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction over all disputes arising in connection with this agreement. If you have any questions about this agreement, write to us at gbsales@limbsandthings.com or

Limbs & Things Limited
Sussex Street
St. Philips
Bristol
BS2 0RA
UK

Licence Agreement - Individual User


Please read these terms and conditions carefully. They set out the terms under which the course(s) you have purchased via the www.limbsandthings.com website (‘this website’) is/are made available for your use. By accessing the course(s), you agree to be bound by these terms and conditions and the Privacy Policy.

1. LICENCE

This licence is personal to you as the purchaser of the online course and the licence granted herein is for your benefit only. As licensee you have access to the Limbs & Things Suture Tutor course shown in your order confirmation.

You are responsible for maintaining the security of any username and password which may be assigned to you in respect of your use of this website or any of its services. Accordingly, you are fully responsible for all activities which occur under them. You must inform us immediately of any unauthorised use of which you become aware.

2. PERMITTED USE

As purchaser of the online course, you may, subject to the following conditions:

  1. use the course on any computer or mobile device which is under your control
  2. download and print one copy of the PDFs provided in the Support Materials section, for your personal use only.

3. RESTRICTIONS ON USE

You may not:

  1. copy, adapt, exploit or otherwise use the information contained on this website in any way, save for the downloading and temporary storage of one or more of these pages for the purpose of viewing on a personal computer or terminal
  2. permanently store, reproduce, reverse engineer, decompile, disassemble, modify, retransmit, create derivative works based on the contents of this website without our prior written consent
  3. allow a third party to use your log in to access the course content
  4. log in to the course simultaneously on more than one computer or mobile device
  5. loan or distribute copies of the PDFs in the Support Materials section of the course.

4. TITLE

This website is owned by Limbs & Things Ltd of Sussex Street, St Philips, Bristol, BS2 0RA (‘us’, ‘we’, ‘our)’ and is protected by copyright and database rights. You acknowledge that all trade marks (registered or unregistered) used in providing this service shall remain our property at all times. We shall at all times retain ownership of the course content.

5. HYPERLINKS

Whilst this website contains hypertext links to some third party websites, if you choose to use such a hypertext link then you will leave this website. We are not in any way responsible for the material on the other website that you enter via such link, nor can we be deemed to have endorsed their content.

6. USE OF PERSONAL DATA

Any personal details we collect from you we will only use in accordance with our Privacy Policy.

7. VIOLATION

You agree to use this website only in accordance with these terms and conditions and such a way as to ensure compliance with all applicable laws and regulations. You will not use this website to transmit or post any material which is defamatory, racist, offensive or of an obscene or menacing character or which may, in our judgement, cause annoyance, inconvenience or anxiety to any person.

8. DISCLAIMER

Whilst we endeavour to maintain this website in a fully operating condition and error free we do not warrant that it will meet your requirements or that its operation will be uninterrupted or error free. We do not accept responsibility for any such failings or for any defects that may exist, or for any costs, loss of income, loss of data or consequential loss arising from your use of or inability to use this website.

We exclude and hereby expressly disclaim all express and implied warranties or conditions not stated herein, so far as such exclusion or disclaimer is permitted under the applicable law. THIS AGREEMENT DOES NOT
AFFECT YOUR STATUTORY RIGHTS.

9. TERMINATION

This agreement and the licence to use the website automatically terminates if you:

  1. fail to comply with any provisions of this agreement
  2. fail to pay for the service

10. SUPPORT

For registered users only, technical support is available via this website, or by emailing or phoning using the details on our Contact Us page. Support is undertaken on a best efforts basis.

11. ENTIRE AGREEMENT

You have read and understand this agreement and agree that it constitutes the complete and exclusive statement of the agreement between us with respect to subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between us relating thereto.

12. ASSIGNMENT

This agreement is personal to you as the registered user. You may not assign, transfer, subcontract or otherwise part with this agreement or any right or obligation under it without our prior written consent.

13. LAW AND DISPUTES

These terms shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English Courts.

If you have any queries regarding this agreement, the website or the information contained in it, please contact us by email at sales@limbsandthings.com, by telephone on 00 44 (0)117 311 0500, or write to us at Limbs & Things Ltd, Sussex Street, St Philips, Bristol, BS2 0RA, UK.

Terms Of Service (includes SurgTrac, InsTrac, and TopScalpel)

These Terms of Service (“Terms”) govern your use of eoSims, software, and websites, including the eoSurgical mobile application, and other Limbs & Things/eoSurgical services (collectively, the “Service”).

You must accept these Terms to create a SurgTrac or any related account and to use the Service. If you do not have an account, you accept these Terms by visiting or using any part of the Service. By proceeding you agree to all the terms and conditions contained within this document and acknowledge that you have read the statement in its entirety and agree to be bound by it.

These terms are in addition to all other policies regarding Limbs & Things and their products and services.

Software Privacy

Our products and services provide tools to track your instruments and therefore provide feedback about your learning, enable you to set goals, and compare yourself with your peers. We are committed to the principles of respecting your privacy, keeping your data safe, and letting you decide how your information is used and shared.

We will only collect data that is useful to improving products, services and your experience.

We will be transparent about our data practices and will explain them in clear language.

We will never sell your data.

We will always take the security of your data seriously.

Specifically

By enrolling in SurgTrac you consent to your data and videos being used to create an online leader-board of scores generated during simulated surgical tasks. By proceeding, you agree to allow Limbs & Things/eoSurgical ltd to store and analyse this data and videos. You agree to the data and videos being be used to generate metrics of performance, to compare your uploaded data and videos with your own previous data and videos, and also that of other users.

You agree to allow Limbs & Things to analyse, use and distribute your anonymised data and videos for publication online, in academic presentations and publications and in any other form of media. This includes consent to the sharing of this anonymised data and videos with other professional institutions and other bodies for the improvement of surgical education and training.

By agreeing to these terms and conditions you accept that use of the Service does not constitute any formal assessment of skill, qualification, nor guarantee of surgical ability. Positioning on the TopScalpel/SurgTrac leader board is for informal personal assessment and comparison of performance on simulated tasks and is no statement nor guarantee of surgical ability. The Company accept no liability for any harm resulting from the misuse of this information.

By enrolling with these Services you also agree to the Company storing your details for the purposes of marketing; we do not have access to your bank or credit card details. We will contact you from time to time with newsletters and updates, if you do not wish to have your details stored in this way then please contact us via our online form.

Creating an Account

Full use of the Service requires that you create an account by providing us with a valid email address and strong password. You are responsible for all activity that occurs in association with your account. The Company is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.

We may need to contact you about your use of the Service. These communications are part of the Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications at any time by contacting the Company.

Necessary Equipment

Full use of the Service is dependent upon your use of suitable hardware (the eoSim or other compatible laparoscopic box trainer), a computer with adequate software, or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Service and it is your responsibility to ensure the equipment’s functionality.

Posting Your Content On The Service

Use of SurgTrac and other software requires the upload of videos of your performance of simulated surgical tasks. You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the Service will not:

  1. Infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy
  2. Violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability
  3. Be fraudulent, false, misleading or deceptive
  4. Be defamatory, obscene, pornographic, vulgar or offensive
  5. Promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group
  6. Be violent or threatening or promote violence or actions that are threatening to any person or entity
  7. Promote illegal or harmful activities or substances

You also agree that Your Content will comply with the following community guidelines:

  1. Be respectful of the opinions of others, give everyone the same courtesy you would expect in return
  2. Do not post profane or explicit content
  3. Do not post profile pictures that might be considered inappropriate
  4. Do not post communications that could be interpreted as threatening or harassing
  5. Do not post, advertise, or promote products or services commercially

Limbs & Things retains the right to remove any content it deems to be in breach of these guidelines and principles.

The Company’s Rights

“Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service to you. Except for Your Content, the Company’s Content, Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United Kingdom and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.

What You Can Do on The Service

The Service is intended for your personal, non-commercial use as an aid to learning. The Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to:

  1. access and view the Content
  2. access and use the software and mobile applications provided by the Service
  3. use the software that partners the Company’s products as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the Service as permitted in these Terms

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Content, Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Limbs & Things/eoSurgical or its licensors, except for the licenses and rights expressly granted in these Terms.

Things You Cannot Do on The Service

Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Service:

  1. use, display, mirror or frame the Service or any individual element within the Service, name, any trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the Company’s express written consent
  2. access or tamper with non-public areas of the Service, the Company’s computer systems, or the technical delivery systems of providers
  3. test the vulnerability of any system or breach any security or authentication measures
  4. circumvent any technological measure implemented by the Company, any of their providers or any other third party (including another user) to protect the Service or Content
  5. access the Service or Content through the use of any mechanism other than through the use of an Authorized Connection, Service or API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that the Company provides to you or any other part of the Service

Our Enforcement Rights

We are not obligated to monitor access or use of the Limbs & Things/eoSurgical Service, Content, or Your Content or to review or edit any Content or Your Content, but we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Service, any Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Content, Your Content, or your use of the Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Service.

Use the Service at Your Own Risk

We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Service. The Company is a provider of training equipment for the learning and practice of surgical skills. These products are not toys and are not suitable for use for children under any circumstance, or any person whose impaired comprehension or function might expose them to risk of injury by using the product. Purchase and training with this equipment is not a replacement for formal education and training in surgery. Using the Company’s hardware and software does not by itself guarantee you will acquire skills that allow you to safely practice surgical skills in the clinic. You should not undertake any surgical procedure on a living organism or being without having fulfilled the appropriate regulatory requirements of the country in which you live or work.

Use of any of our products in a way not expressly intended, may result in injury to yourself or others and should not be performed. Indicative uses of our products may be found on our w ebsite or related informational literature, but this does not guarantee that you can perform them safely. Your purchase may also include instruments or sutures. If this is the case, you acknowledge that these are potentially dangerous materials and may cause harm to yourself or others if used inappropriately or without due care. You agree that you will not use these materials unless you have taken steps in terms of education and or supervision to ensure that you can use them within the limits of your own competence and the safety of yourself and others. You also undertake to make safe disposal of these materials and to dispose of them in a way that meets any regulatory requirements of the jurisdiction in which you are located. The disposal of other parts of our products, such as electrical components, may also be governed by local legislation that will change from time to time, but that you are required to adhere to at the time of safe disposal.

Hardware & Software

If your use includes access to SurgTrac software, you acknowledge that the software remains wholly owned by the Company. You may not transfer any right to use the software to any other person or organisation. The software may be modified or withdrawn at any time and without notice. The access you have in relation to your purchase is for your own single use and cannot be shared with others. We may from time to time place a limit on the amount of hours per unit period that the software will be able to be activated if we have concerns that this agreement to a single use license is being breeched. If you wish to have access for multi-user then this can be purchased separately from the Company and will be covered by its own terms and conditions.

Indemnity

You will indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with

  1. your access to or use of the Service
  2. Your Content
  3. your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defence of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defences

Limitation Of Liability

Neither the Company, its suppliers or licensors, nor any other party involved in creating, producing, or delivering the Service will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the Service, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not the Company has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

In no event will the Company‘s total liability arising out of or in connection with these terms or from the use of or inability to use the Service exceed the amounts you have paid to the Company for use of the Service or one hundred pounds (£100), if you have not had any payment obligations to the Company, as applicable.

The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.

By completing and submitting the following electronic registration form you are confirming that you agree to these terms and conditions.