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Rivacy Notic

Privacy Notice and Terms Of Use

 

Privacy Notice

We are committed to protection your privacy.

We respect your privacy and are committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you. 

Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.

 

Important information and who we are

 

Purpose of this privacy notice

This privacy notice aims to give you information on how we collect and process your personal data, including any data you may provide to us directly via our website, our mobile application or (the “Platforms”).

It is important that you read this privacy notice together with any other privacy notice, fair processing notice or privacy policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. 

Controller

BiteriumAI LLC also trading as ‘BiteriumAI’ is the controller and responsible for your personal data (collectively referred to as the Company, "we", "us" or "our" in this privacy notice).

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below. 

Contact details

Our full details are:

Full name of legal entity: BiteriumAI LLC

Email address: customersupport@biterium.ge

Postal address: Dariali lane 4, Tbilisi, Georgia

You have the right to make a complaint at any time. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance. 

Changes to the privacy notice and your duty to inform us of changes

This version was last updated on 1st December 2022 and historic versions can be obtained by contacting us.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

Our Platforms may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

  • Identity Data includes first name, last name, title, showing your personal identity, username or similar identifier, marital status, title, date of birth, gender, location. 

  • Contact Data includes billing address, delivery address, email address and telephone numbers.

  • Financial Data includes bank account and payment card details.

  • Transaction Data includes details of products and services you have purchased from us.

  • Profile Data includes your username and password, your interests, preferences, feedback and survey responses.

  • Clinical Data includes your health condition, Blood Pressure, Saturation, Heart Beat, and any other symptoms, you suffer from 

  • NonClinical Data includes age, BMI, lifestyle data 

  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, device type, operating system and platform and other technology on the devices you use to access our Platforms. 

  • Usage Data includes information about how you use our Platforms, products and services (for example the way you navigate the web/mobile application and the length of time spent on our Platforms per visit).

  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We may collect Special Category Data about you, but will only use such data for the purposes detailed within this policy. 

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time. 

 

How is your personal data collected?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity, Contact, Profile,Clinical/nonclinical and Financial Data by filling in forms or by corresponding with us by email, phone, post or otherwise. This includes personal data you provide when you:

    • use our Platforms;

    • make enquiries through our Platforms;

    • use our services;

    • attend an event connected with us;

    • create an account on our website;

    • subscribe to our service or publications; 

    • request marketing to be sent to you;

    • enter a competition, promotion or survey;

    • give us some feedback. 

  • Automated technologies or interactions. As you interact with our Platforms, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.

  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources.

  • Technical Data from the following parties:

  • analytics providers;  

  • advertising networks; and

  • search information providers.

  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services.

 

Identity and Contact Data from publicly available sources such as Companies House.

How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.

  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

  • Where we have obtained explicit consent from you in order to use your personal data for specific purposes. You may withdraw such consent at any time by changing your preferences within the Platforms or sending an email that such consent is withdrawn to personaldata@biterium.ge

Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third-party direct marketing communications to you via email or text message. 

 

Purposes for which we will use your personal data
 

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us on personaldata@biterium.ge if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below. 

Table 1

Marketing 

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. 

Promotional offers from us 

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). 

 

Opting out

You can ask us to stop sending you marketing messages at any time by contacting us stopmarketing@biterium.ge at any time. 

Where you opt out of receiving marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

 

Change of purpose 

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us personaldata@biterium.ge

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

  • Internal Third Parties as set out in the Glossary.

  • External Third Parties as set out in the Glossary.

  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice. 

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

 

International transfers

Some of our external third parties may be based outside the European Economic Area (EEA) so the processing of your personal data may involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented: 

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.

  • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.  

  • Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Please contact us by personaldata@biterium.ge if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA. 

 

Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. 

In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. 

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data retention

We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. 

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for at least six years after they cease being customers for tax purposes.

In some circumstances, you can ask us to delete your data and in some circumstances, we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

 

Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. An explanation of each of the following rights is described below:

  • Request access to your personal data.

  • Request correction of your personal data.

  • Request erasure of your personal data.

  • Object to processing of your personal data.

  • Request restriction of processing your personal data.

  • Request transfer of your personal data.

  • Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us personaldata@biterium.ge

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. 

 

Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us via email to personaldata@biterium.ge.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

 

THIRD PARTIES

Internal Third Parties

Other companies in our corporate group who may act as joint controllers or processors and who may be based inside or outside the EU.

External Third Parties

  • Service providers who may act as processors based inside or outside the EU and who provide IT, system administration and other services.

  • Professional advisers who may act as processors including lawyers, bankers, auditors and insurers based inside or outside the EU who provide consultancy, banking, legal, insurance and accounting services.

  • HM Revenue & Customs, regulators and other authorities who may act as processors based inside or outside the EU who require reporting of processing activities in certain circumstances.

 

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request the erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. 

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. 

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. 

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

TERMS OF USE

1. About our Terms

  1.1 These Terms explain how you may use this website and/or this mobile application (the “Platforms”) which is provided by us free of charge.

  1.2 References in these Terms to the Platforms include the following websites: www.biterium.ge and all associated web pages. 

  1.3 You should read these Terms carefully before using the Platforms.

  1.4 By accessing or using the Platforms or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.

 1.5 If you do not agree with or accept any of these Terms, you should stop using the Platforms immediately.

 1.6 If you have any questions about the Platforms, please contact us by e-mail at support@biterium.ge.  E-mails will be responded to Monday to Friday: 9 am to 4 pm. We will endeavor to get back to you within 2 working days.

 1.7 Definitions

Content: means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Platforms;

Platforms: has the meaning given to it in clause 1.1

Submission:​ means any text, images, trademarks, logos, video, audio or other multimedia content, software or other information or material submitted by you or other users to the Platforms;

Terms: means these terms and conditions of use as updated from time to time under clause 15;

We: means Biterium LLC company and the registered office of which is at Dariali Lane, Tbilisi, Georgia    (and us or our shall have the same meaning) References to we

You: means the person accessing or using the Platforms or its Content and Submissions (and you shall have the same meaning).

  1.8 We permit you to use the Platforms. Use of the Platforms in any other way, including in contravention of any restriction on use set out in these Terms, is not permitted. If you do not agree with these Terms, you may not use the Platforms.

2. Using the Platforms

 2.1 You agree that you are solely responsible for keeping your password and other account details confidential.

 2.2 The Platforms is currently intended for use only by those who can access it from within the EU/US. If you choose to access the Platforms from locations outside the EU/US, you are responsible for compliance with local laws where they are applicable.

 2.3 We seek to make the Platforms as accessible as possible. If you have any difficulties using the Platforms, please contact us at support@biterium.ge.

 2.4 We may prevent or suspend your access to the Platforms if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

 

​3. Your privacy and personal information

 3.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

 3.2 Our privacy policy is available at  www.biterium.ge/privacy-policy/

 3.3 You agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the privacy policy and your choices (including settings).

4. Ownership, use and intellectual property rights

 4.1 The Platforms and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights mean rights such as copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and are free to use them as we and they see fit.

 4.2 Nothing in these Terms grants you any legal rights in the Platforms other than as necessary to enable you to access the Platforms. You agree not to adjust to try to circumvent or delete any notices contained on the Platforms (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Platforms.

 4.3 Trade marks: BiteriumAI is our trademark. Other trademarks and trade names may also be used on the Platforms. 

 4.4 When submitting or uploading a Submission including materials, information or content, or providing such materials, information or content to others, through our Platforms you will retain ownership of all applicable intellectual property rights in such materials, information and content. However, by submitting or uploading such a Submission including materials, information and/or content to our Platforms you grant us a worldwide, transferable, sublicensable, royalty-free license to use, copy, modify, distribute, publish, store and process all such materials, information and content, and make it available to third parties.  

 4.5 You agree to only provide Submissions that do not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful.  You acknowledge that any trade marks and logos that you have provided are the trade marks of their respective owners. 

4.6 You may terminate this license by: 

  • closing your account, except to the extent that such Submission, materials, information or content is shared with others and that party copied, shared or stored it; or

  • giving us reasonable notice in writing at our registered address.

5. Software

 5.1 If you are using our mobile application, you may only use such software if you agree to be bound by the terms and conditions that apply to such software (this is sometimes known as an ‘end user license agreement’ or ‘EULA’). You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be allowed to download the software. You should read any terms and conditions carefully to protect your own interests (they may contain provisions that set out what your legal rights are under, eg, the Consumer Rights Act 2015, what your legal responsibilities are when using software, what the software provider’s legal responsibilities are, and provisions that limit a software provider’s legal responsibilities to you).

 5.2 Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.

6. Submitting information to the Platforms

 6.1 For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions. 

 6.2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Platforms to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

 6.3 As a condition of your use of the Platforms, you agree:

  6.3.1 not to use the Platforms for any purpose that is unlawful under any applicable law or prohibited by these Terms;

  6.3.2 not to use the Platforms to commit any act of fraud;

  6.3.3 not to use the Platforms to distribute viruses or malware or other similar harmful software code;

  6.3.4 not to use the Platforms for purposes of promoting unsolicited advertising or sending spam;

  6.3.5 not to use the Platforms to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);

  6.3.6 not to use the Platforms in any manner that disrupts the operation of our Platforms or business or the website or business of any other entity;

  6.3.7 not to use the Platforms in any manner that harms minors;

  6.3.8 not to promote any unlawful activity;

  6.3.9 not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;

  6.3.10 not to use the Platforms to gain unauthorized access to or use of computers, data, systems, accounts or networks;

  6.3.11 not to attempt to circumvent password or user authentication methods; and

  6.3.12 to comply with the provisions relating to our intellectual property rights and software contained in these Terms.

 

7. Bulletin boards, chat rooms and other interactive services

 7.1 We may make bulletin boards, chat rooms or other communication services (Interactive Services) available on the Platforms.

 7.2 We are not obliged to monitor or moderate Submissions to our Interactive Services. Where we do monitor or moderate Submissions we shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.

 7.3 We may remove or edit any Submissions to any of our Interactive Services whether they are moderated or not.

 7.4 Any Submission you make must comply with our Submission standards set out below.

 

8 Submission standards

 8.1 Any Submission or communication to users of our Platforms must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably. In particular, you warrant that any Submission or communication is:

  8.1.1 your own original work and lawfully submitted;

  8.1.2 not infringe any intellectual property rights of any individual or business (including, but not limited to, copyright, database right or trade mark of any other person or entity);

  8.1.3 factually accurate or your own genuinely held belief;

  8.1.4 provided with the necessary consent of any third party;

  8.1.5 not defamatory or likely to give rise to an allegation of defamation;

  8.1.6 not offensive, obscene, sexually explicit, discriminatory or deceptive; and

  8.1.7 unlikely to cause offense, embarrassment or annoyance to others.

 8.2 By contributing to our Platforms you warrant that any such contribution complies with these standards. You expressly acknowledge that you will be liable to us and indemnify us in full for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.  

 8.3 We also have the right to disclose your identity to any third party who is claiming that any content uploaded by you constitutes a violation of their rights (including their intellectual property rights).

 8.4 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Platforms.

 

9. Linking and framing

 9.1 You may create a link to our Platforms from another website without our prior written consent provided no such link:

   9.1.1 creates a frame or any other browser or border environment around the content of our Platforms;

   9.1.2 implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Platforms;

   9.1.3 displays any of the trade marks or logos used on our Platforms without our permission or that of the owner of such trade marks or logos; or

   9.1.4 is placed on a website that itself does not meet the acceptable use requirements of these Terms.

 9.2 We reserve the right to require you to immediately remove any link to the Platforms at any time, and you shall immediately comply with any request by us to remove any such link.

 

10. Accuracy of information and availability of the Platforms

 10.1 While we try to make sure that the Platform is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Platforms will be fit or suitable for any purpose. Any reliance that you may place on the information on the Platforms is at your own risk.

 10.2 We may suspend or terminate operation of the Platforms at any time as we see fit. We may remove or edit Submissions, disclose Submissions to law enforcement authorities or take any action we consider necessary to remedy the breach.

 10.3 Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

 10.4 While we try to make sure that the Platforms is available for your use, we do not promise that the Platforms is available at all times nor do we promise the uninterrupted use by you of the Platforms.

 

11. Hyperlinks and third party websites

The Platforms may contain hyperlinks or references to third party websites other than the Platforms. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party websites does not mean that we endorse that third party’s websites, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

12. Limitation on our liability

 12.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Otherwise, we exclude all implied conditions, warranties, representations or other terms that may apply to our Platforms or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Platforms; or

  • use of or reliance on any content or Submissions displayed on our Platforms.

  • In particular, we will not be liable for: (1) loss of profits, sales, business, or revenue; (2) business interruption; (3) loss of anticipated savings; (4) loss of business opportunity, goodwill or reputation; or (5) any indirect or consequential loss or damage.

 12.2 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your mobile telephone, handheld devices, computer equipment, computer programs, software, data or other proprietary material due to:

  • your use of our Platforms; 

  • you downloading any content from, Submissions or provided through, our Platforms; or 

  • you downloading or using any content, Submissions, website or app linked through our Platforms.

We assume no responsibility for the content or Submissions linked on our Platforms.  Such links should not be interpreted as endorsement by us of those links.  We will not be liable for any loss or damage that may arise from your use of them.

 

13. Events beyond our control

 

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

 

14. Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

 

15. Variation

These Terms are dated 1st October 2022. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 15. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Platforms and by continuing to use and access the Platforms following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

 

16. Disputes

​ 6.1. We will try to resolve any disputes with you quickly and efficiently.

 6.2 If you are unhappy with us please contact us as soon as possible on support@biterium.ge.

 6.3 If you and we cannot resolve a dispute using our complaint handling procedure, we will:

  6.3.1 let you know that we cannot settle the dispute with you; and

  6.3.2. give you certain information about our alternative dispute resolution provider.

 6.4 If you want to take court proceedings, the relevant courts of the EU/Georgia will have exclusive jurisdiction in relation to these Terms.

 6.5 Relevant EU/Georgia law will apply to these Terms.

Terms of use
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