Ocumetra Terms and Conditions("Terms")
Updated 11th January 2023
Ocumetra Ltd (hereinafter referred to as "Ocumetra", "we", "us", "our",
"company") offers registered customers ("customer", "user", "you", "your")
worldwide the paid use of the web-based communication tools including
mEYE™ Guide ("mEYE Guide", "product", "communication tools"),
offered through our Ocumetra Platform ("platform", "service").
These Terms and Conditions apply to all users of our product.
By creating an account on our platform, clicking the appropriate checkbox
in the registration process and using our services, you accept these Terms and Conditions.
Please read these terms and conditions carefully before using our service.
These are the Terms and Conditions governing the use of the Ocumetra
service and the agreement that operates between you and Ocumetra Ltd.
These Terms and Conditions set out the rights and obligations of all users
regarding the use of the service. These Terms and Conditions, as amended
from time to time, are accessible on our portal and via user's account.
Contracts can only be concluded on the basis of these Terms and Conditions.
We must expressly agree to any deviating, conflicting, restrictive, or supplementary terms
and conditions of the customer in order for them to become part of the contract
in the individual case. In particular, contract performance by us shall not be
deemed to be consent to any Terms and Conditions that deviate from our
Terms and Conditions.
You need to be over the age of 18 to use Ocumetra services.
Ocumetra does not permit those under 18 to use our services or products.
In addition to these Terms, the Privacy Policy available at
ocumetra.com
details our policies and procedures on the collection, use and disclosure of your
personal information, your and our respective rights and obligations in connection
with applicable data protection laws, in particular regarding the processing of your data.
Your access to and use of the service is conditioned on your acceptance of and
compliance with Ocumetra Privacy Policy. Please read our Privacy Policy carefully before
using our service.
We aim to make the Ocumetra Platform available for eye care professionals around the world,
who can access the platform in a multitude of different languages. We use professional
translators and proof-readers to translate all of our communications, including these Terms,
as accurately as possible into those languages. However, please understand that we cannot
assure 100% accuracy for all of our translations, in particular with respect to any legal
content. Please note that the English version of these Terms is therefore the original
version, which prevails over all other versions in the event of deviation from the English
original. The most up-to-date version of these terms is always available in English on our
website.
Ocumetra communication tools, including mEYE Guide™ (as part of Ocumetra platform)
and Ocumetra website are provided by Ocumetra Ltd, 10 Fitzwilliam Square East,
Dublin 2, Ireland, D02 EE78, e-mail: info@ocumetra.com.
mEYE Guide™ is designed to be used by eye care professionals as a communication tool aimed
to explain the benefits of myopia control to parents of children who have already
become myopic or children at risk of becoming myopic
(pre-myopes or children with family history of myopia), aged 6 - 20 years.
After generating the report, eye care professionals can share it with
patients / parents / caregivers by directing them to scan the QR code or sharing a link to
the report via email or text message.
The Ocumetra Services are not intended to provide
medical advice or guide clinical decision-making.
mEYE Guide™ is a patient communication tool which is based on an underlying set
of biometric data for use as a reference by eye care professionals.
As a communication tool, the information is not to be relied upon for
clinical decision-making although eye care professionals may choose to use
this information in order to provide an additional layer of data for their
own patient evaluation. It is not intended as, and does not constitute,
medical or optometric advice and does not replace the patient evaluation
performed by an eye care professional and thereby is strictly for patient
communication purposes only.
When using Ocumetra Services, you agree to use the
respective service only for the intended purposes as
described in these Terms.
Ocumetra platform and its products are available as an online service.
To use our products, you need to create an account.
Users can do so via a registration form on the Ocumetra portal,
accessible through the link on our website.
This requires an acceptance of these Terms and consent to data processing under the
terms of our Privacy Policy, including all documents, declarations and consents included
therein by reference. Furthermore, you will need to provide a valid email address,
and select a personalized password. The user must have access to the specified e-mail
address to confirm the registration. If other mandatory information is required,
this will be marked accordingly during registration. The user is solely responsible for
the accuracy of the information provided. Account creation is completed when you click
on the link in the confirmation email sent to your email address, verifying your email
address.
By registering, you confirm that you are at least
18 years old and legally competent. Furthermore, you
confirm that you are proficient in one of the
languages in which we offer our product.
The user agrees to provide accurate and complete information, to keep the account
information up to date, and to notify Ocumetra immediately of any changes. If the user
intentionally or grossly negligently provides false information, this may result in
immediate exclusion from further use of the platform.
The user is responsible for safeguarding the password used to access the service and for any
activities or actions under user's password. The user is obligated to treat the respective
access data (user name and password) confidentially and not to disclose user password to any
third party. The user is obliged to inform us immediately if he/she becomes aware of any
loss or unauthorized use of the access data. In case of negligent violation of this
notification obligation, the user is liable for each person who logs into the user's account
with accesses user's data.
You may not use as a username the name of another person or entity or that is not lawfully
available for use, a name or trademark that is subject to any rights of another person or
entity other than you without appropriate authorization, or a name that is otherwise
offensive, vulgar or obscene.
In the event of misuse of our services, we are
entitled, but not obligated, at our own discretion
to immediately block the affected access or to take
other appropriate measures.
User information will only be maintained for so long as the user is subscribed to the
Ocumetra service. Ocumetra will not send you any updates or information unless you have
ticked the checkbox to allow this service. You may cancel this at any time if you do not
want further content to be sent to your registered email.
You may not transfer your user account to third parties. One account cannot be shared
between practices.
Furthermore, you are not permitted to:
-
• make the access data sent or used for
authentication and identification available to third
parties or to pass them on to third parties;
-
• bypass the access control systems of paid
services or to take other measures in order to use
services without authorization;
-
• remove or obscure copyright notices and/or
notices regarding trademarks or other intellectual
property rights of Ocumetra, companies affiliated
with Ocumetra or third parties;
-
• transfer or assign rights or obligations
under these Terms to third parties.
When using the Ocumetra products provided through the our platform, you must observe your
contractual obligations with third parties.
For the best experience of the Ocumetra Services, you must regularly update your operating
systems and use latest versions of the internet browsers on your device.
Our Service allows you to input patient level information on our data entry pages, in order
for you to use our products. Although this includes patient identifiable information
including the patient name and date of birth, no patient identifiable information will be
provided to Ocumetra. Once you enter this information and click "Proceed" to generate the
personalised myopia report, only anonymised information is delivered to Ocumetra's servers.
You are responsible for the patient information that you provide to us including its
accuracy. Please read our Privacy Policy to learn about how we handle your personal
information and any information about your patients that you provide to us.
By entering patients information, you grant us the right and license to use the clinical
data for the purposes of product development and enhancement, including the modification
display, reproduction, and distribution as part of new or updated products, features and
services.
You represent and warrant that: (i) the content is yours (you own it) or you have the right
to use it and grant us the rights and license as provided in these Terms, and (ii) the
posting of your content on or through the Ocumetra platform does not violate the privacy
rights, publicity rights, copyrights, contract rights or any other rights of any person.
Ocumetra is not responsible for the content entered by the platform users. You expressly
understand and agree that you are solely responsible for the content and for all activity
that occurs under your account, whether done so by you or any third person using your
account.
Ocumetra receives anonymised patient data only so is not retrievable with respect to any
specific patient input after receipt. Ocumetra therefore cannot backup content in a way that
allows users to store or track data input. You acknowledge that Ocumetra has no liability
related to the integrity of content or the inability to successfully restore content to a
usable state.
You agree to maintain a complete and accurate copy of any content in a location independent
of the Ocumetra service such as in your own electronic health records or suitable patient
files. Previously submitted reports can be regenerated by simply inputting the same data as
retrieved from your patient files.
Ocumetra products are generally available on a subscription basis. The paid services run for
the agreed (initial) term. At the end of the term, the contract is automatically extended by
a time period equal to the agreed term, but by no more than one year, unless you or we
terminate it before the end of the agreed term.
By subscribing to our paid services / access to product, you warrant that (i) you are
legally capable of entering into binding contracts; (ii) you have the legal right to use any
credit or debit card(s) or other payment method(s) in connection with any subscription; and
that (iii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to payment
processing third parties for purposes of activating your subscription and granting you
access to our products and services.
During the free trial period, you may terminate the
contractual relationship with us at any time by
logging into your account where you can manage your
billing directly, or you may request that we cancel
your subscription on your behalf by contacting
support at support@ocumetra.com. We too may
terminate the contract at our sole discretion and
without further notice, subject to the following
provisions.
After the free trial ends, the revocation period
(cancellation period) is fourteen days from the date
when you entered into the contract. That means you
have the right to revoke this contract within
fourteen days without providing any reasons. To
exercise your right of revocation, you must inform
us (by contacting Support through the link on the
portal or emailing support@ocumetra.com)
of your decision to revoke this contract. In order to
comply with the revocation period, it is sufficient
that you send us notification regarding your
revocation of the contract before the end of the
revocation period. You may use the attached sample
revocation form for this purpose, but this is not
mandatory.
If you do not wish to renew your subscription, notice of termination must be provided no
later than 24 hours before the renewal of the subscription.
The statutory right of both contracting parties to terminate the contract for good cause
remains unaffected. Good cause for extraordinary termination of the contract is deemed to
exist if the continuation of the contractual relationship until the end of the normal period
of notice is unreasonable, given all circumstances of the individual case and the interests
of the user. Good causes for us to exercise this right of termination include, in
particular, if you breach applicable law, obligations under these Terms, or obligations
under your contract with us. No prior notice of termination is required.
We are entitled to transfer the rights and obligations arising under a contract to a third
party. Should we wish to transfer the rights and obligations under these Terms, we will
inform you in writing about the transfer; you are then entitled to terminate the contract.
The notice of termination must be in writing and reach us within 14 days of you receiving
the notification of transfer.
Consequences of revocation
If you revoke this contract, we shall reimburse all payments we have received from you,
immediately and no later than fourteen days from the date on which we receive notice of your
revocation of this contract. For this refund, we will use the same means of payment that you
used for the original transaction, unless expressly agreed otherwise with you; in no event
will you be charged for this refund.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for
any reason, including without limitation if you breach these Terms and Conditions.
Upon termination, your right to use the Ocumetra
platform and products will cease immediately. If you
wish to terminate your account, you may simply
discontinue using the service, cancel your product
subscription or email support at
support@ocumetra.com
to delete your account.
Sample revocation form
For bulk contract customers, if you want to cancel all subscriptions or your contract,
please fill out this form and email it to us at
support@ocumetra.com or post to:
Ocumetra Ltd., Greenway Hub GW010, TU Dublin Grangegorman campus, D07H6K8.
-
I/we (*) hereby revoke the contract which I/we (*)
entered into for the purchase of the following goods
(*)/the provision of the following service (*):
-
Ordered on (*)/received on (*):
-
Name of the consumer(s):
-
Address of the consumer(s):
-
Signature of the consumer(s) (only required if the
notification is submitted in paper form):
-
Date:
(*) Delete whichever does not apply.
The Paid Services are generally available on a subscription basis. Therefore, you will be
charged once in the duration period of your subscription (for instance per month or per
year). Our subscription will automatically be renewed at the same price at the end of the
current subscription period, unless you have cancelled your subscription or disabled
auto-renewals at least 24 hours before the renewal date.
The Company reserves the right to revise its prices
at any time prior to accepting an order.
The prices quoted may be revised by us subsequent to accepting an order in the event of any
occurrence affecting product delivery caused by government action, higher foreign exchange
costs and any other matter beyond the control of the Company. In that event, you will have
the right to cancel your order.
Payment can be made online using credit card information. All payments are processed by
payment processing third parties (currently we use Stripe) using a customized interface
which is accessed through our platform. We do not handle or retain any payment details as
this entire process is managed by payment processing third parties.
Payment cards (credit cards or debit cards) are subject to validation checks and
authorization by your card issuer. If we do not receive the required authorization, we will
not be liable for any delay or non-delivery of your order.
If payment cannot be collected, we will be entitled
to block access to the relevant Paid Services.
Promotional offer must be redeemed between
18/01/2023 and 18/01/2024 at 12.00pmEST by
registering and activating at
cvi.ocumetra.com.
After the 2 month free trial, a 20% discount will
be applied to the current subscription
rates for a period of 1 year from registration.
This offer cannot be combined with any other offers.
The free trial is available to new subscribers with
the free trial activation code only.
You will need to provide payment information at the registration.
After the 2 month free trial, a 20% discount will be applied
to the current subscription
rates for a period of 1 year from registration.
This offer cannot be combined with any other offers.
The free trial is available to new subscribers with the
free trial activation code only.
You will need to provide payment information at the registration.
You will not be charged for a mEYE™ Guide and mEYE™ Gauge
subscription during the free trial period.
TO CANCEL YOUR SUBSCRIPTION AND AVOID BEING CHARGED,
YOU MUST CANCEL BEFORE THE END OF THE FREE TRIAL PERIOD.
To keep your subscription once your trial period is over,
no action is needed and your payment method will be billed
at the then current subscription rate in advance on a recurring,
periodic basis. Your subscription will automatically renew at
the end of each billing cycle until you cancel your subscription.
Cancellation is easy to do in 'My Account' on your Ocumetra platform.
When you cancel, your account will remain at your current plan
through the end of your current billing cycle.
Subscription rates may vary as a result of your country's currency
and are otherwise subject to change. The free trial promo code must
be redeemed at checkout for your subscription activation.
Promo codes are only valid for new subscribers.
This promotion and subscription is offered by Ocumetra Ltd.
CooperVision, Inc., its subsidiaries and affiliates are not
sponsors of, and are not responsible for the product or the
subscription services.
We endeavour to ensure that the Ocumetra Platform operates without disruption and is
available to the greatest extent possible, but we acknowledge that complete and
uninterrupted availability is not technically feasible. We therefore do not guarantee
disruption-free operation or a specific level of availability. In particular, we may
restrict access without providing reasons – in whole or in part, temporarily or permanently.
In addition, no claims shall exist regarding the maintenance of individual functionalities
of the Ocumetra Platform. We are entitled at any time to change or remove content, services
and functionalities that are provided as part of the platform or a particular product and to
make new content, services and functionalities available or to discontinue the Ocumetra
services entirely; this includes pay walling all or certain services that were previously
free of charge, as well as their partial or complete discontinuation.
We are constantly updating our product offerings on the Ocumetra Platform. The Products
available may be mispriced, described inaccurately, or unavailable, and we may experience
delays in updating information regarding our products and in our advertising on our or other
websites. We cannot guarantee the accuracy or completeness of any information, including
prices, product images, specifications, availability, and services. We reserve the right to
change or update information and to correct errors, inaccuracies, or omissions at any time
without prior notice.
With the exception of the content provided by the users, all elements of the product, the
website and the platform, such as, in particular, texts, images, illustrations, as well as
the design and structure of the product and the structure and content of the database, are
protected by the copyright, trademark, and industrial property rights of Ocumetra and any
third parties commissioned by Ocumetra. Without our express consent, the user does not
acquire any right to reproduce, distribute, rent or lend, make available, broadcast,
perform, or present, edit, translate or otherwise exploit the Ocumetra platform, product or
their individual elements.
If you have any complaint, comment or feedback on
the Ocumetra services, you can reach out to us by
emailing support@ocumetra.com.
You assign all rights, title and interest in any feedback you provide to us. If for any
reason such assignment is ineffective, you agree to grant Ocumetra a non-exclusive,
perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce,
disclose, sub-license, distribute, modify and exploit such feedback without restriction.
Our service may contain links to third-party web
sites or services that are not owned or controlled
by the us.
Ocumetra has no control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party web sites or services. You further acknowledge and
agree that Ocumetra shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with the use of or
reliance on any such content, goods or services available on or through any such web sites
or services.
We strongly advise you to read the terms and
conditions and privacy policies of any third-party
web sites or services that you visit.
The content that we provide in the Ocumetra Services has been compiled with the greatest
care. However, we cannot accept any liability for the accuracy, completeness and currency of
the content. We are also in no way responsible or liable for the content you provide in the
Ocumetra platform ("user content" & "patient content"). You are solely responsible for the
security of your personal user content and accuracy of the patient content that you enter
into our product pages. Except to the extent required by law, we accept no liability for the
deletion, damage or failure to store user content maintained or transmitted through the use
of the Ocumetra Services.
When you use the Ocumetra Services, you do so expressly at your own risk. The descriptions
of our services are not subject to any guarantees. We give no guarantee that any of our
services can be used to achieve a specific aim, such as that health benefits of myopia
management will be correctly predicted, or that Ocumetra's outputs are complete and
accurate.
Any liability in respect of contractual or other claims made by you as a user depends on the
merits of the case and extends only to actual damage suffered
(a) which we, our legal representatives or vicarious agents have caused intentionally or by
gross negligence,
(b) from injury to life, body or health resulting from a breach of duty by us or one of our
legal representatives or vicarious agents,
(c) in cases of liability under the Irish "Liability for Defective Products Act 1991",
(d) which has arisen due to the breach of a fundamental obligation, the fulfilment of which
is of fundamental importance to the proper execution of the contract, and which you are
entitled to rely on and in fact regularly rely on.
We shall be liable for damages in the above-mentioned cases (a), (b) and (c) of the
preceding paragraph in accordance with the statutory provisions. Liability for damages
caused by slight negligence, except in the case of breach of our main contractual
obligations is excluded.
In cases other than those specified above and notwithstanding the following paragraph,
liability on our part is excluded irrespective of the legal grounds.
The above limitations of liability apply equally to all of our legal entities, employees and
vicarious agents. They do not alter the statutory burden of proof.
Governing law: Irish law applies to the exclusion of the UN Convention on Contracts for the
International Sale of Goods (CISG). Your use of the Application may also be subject to other
local, state, national, or international laws.
If you have any concern or dispute about the Service, you agree to first try to resolve the
dispute informally by contacting the Company. Jurisdiction: To the extent permissible by
law, all disputes arising under these Terms shall be heard in the courts of our registered
place of business in Dublin, Ireland.
For European Union (EU) Users
If you are a European Union consumer, you will benefit from any mandatory provisions of the
law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the
United States government embargo, or that has been designated by the United States
government as a "terrorist supporting" country, and (ii) You are not listed on any United
States government list of prohibited or restricted parties.
By using the Ocumetra Services, you agree to these Terms.
We will always ask for your consent to material changes to these Terms if they affect any
Paid Services. Material changes are changes to the type and scope of the contractually
agreed Paid Services, or the duration and termination of the contract. However, this does
not prevent us from improving our services or including additional features or services
within the scope of Paid Services.
We may make non-material amendments to these Terms at any time. We may implement
non-material changes without notice or stating further reasons. There are no oral or written
side agreements under these Terms.
If you have any questions about these Terms and
Conditions, you can contact us by sending an email
to support@ocumetra.com.
We will endeavour to process your request as
quickly as possible and will generally respond
within 48 hours of receipt of your request on
our servers on business days.
