Termos e condições

OVERVIEW

The websites www.myopiacare.org, www.myopiacare.com and myopia.care are operated by the Myopia Care partnership. Throughout the site, the terms “we”, “us” and “our” refer to Myopia Care. Myopia Care offers this websites, including all information, tools and services available from this sites to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. “User” means in general the patient and/or the eye care professionals (ECPs).

By visiting our site www.myopiacare.org, www.myopiacare.com and/ or using the myopia.care questionnaire and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms and Conditions” “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the sites, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our websites. By accessing or using any part of the sites, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the websites www.myopiacare.org, www.myopiacare.com and/or www.myopia.care or use any of our services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Even the questionnaire, his summary and recommendations are made with our best knowledge and based on current researches, we recommend to consult an eye care professional. We are not responsible for any used products and not for its efficient.

Any new features or tools which are added to the current websites shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website www.myopiacare.org, www.myopiacare.com, and/or myopia.care. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. The website myopia.care itself has NO own page with an own “Terms and Condition” but it has a link to this page how count for it.

Our websites are hosted on Myopia Care partnership.
The website myopia.care, is an online questionnaire platform that allows professional judgement to estimate the degree and risk of increase myopia. It may at appropriate times recommend products from third parties and services to you but will not forward your details to industry or industry partners, other than where a request is sought directly through an authorized referral tool. Our recommendation of products, product groups are based on independent scientific researched algorithm., Whilst the partnership may get sponsorship or remuneration from the optical industries the information provided will be a clinical judgement made by the Eye Care Professionals (ECP) and the clinical board of directors based on professional & peer reviewed publication/information available at the time of initial inquiry. Any collaboration with regional ECPs will be marked with a star if they are Members AND Fellows. To be a Fellows, the ECP specialist will be certified by his completion of a Continual Educational Module verified by Myopia Care. For both, Members and Fellows, some commissions can be charged in order to maintain the highest standards of education and licensing.
The websites www.myopiacare.org and www.myopiacare.com is the content site supporting the users with information about the myopia.care questionnaire and patients record.

License to use website

Unless otherwise stated, Myopia Care and/or its licencors own the intellectual property rights in the websites and material on the websites.

SERVICE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of 13 years or older in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your personal and general information and content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. If you like to use or recommend the service for your ECPs office, website or social medias, do not hesitate to contact us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

PERSONAL INFORMATION

Your submission of personal information through the questionnaire is governed by our Privacy Policy. To view our Privacy Policy. In the questionnaire we also ask for sensitive personal information. We ONLY ask for information we need for the Risk analysis, treatment recommendation and for periodically scientific studies. These studies can only be made by private persons on the board of Myopia Care, universities and companies based in the field of Optics all information/data will be anonymized. To protect your personal information, we have split the database in two, one with your personal information how can identify you (Name and email address) and a second for the “general” information which the user gives during the questionnaire and patients records. For more details and what else we do for your privacy see the Privacy Policy.

We never transmit your NAME or EMAIL to a third party, except to our email supplier (mailchimp.com) but we never will spam you.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

myopia.care offers a myopia predictor how uses the given information from the users. We will endeavor to be at the forefront of any published articles or reviews relating to Myopia Control but are not responsible if information made available on this site is not accurate, complete or current. The material and recommendations on this site are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting an eye care professional. Any reliance on the products and recommendation on this site are at your own risk. All recommended products are medical devices and need a personal and professional care from an eye care specialist.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our services are subject to change without notice. The questionnaire for the Patients and it Parents is ABSOLUTELY FREE OF CHARGE! The questionnaire and patient record can be charged from the ECPs, see the price list and conditions on www.myopiacare.com.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the websites. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any partnerships with you and close accounts. We may, in our sole discretion, limit or cancel quantities purchased per uploaded user questionnaire. These restrictions may include customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an account, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the account was made. Because the general and personal information of the patients and it parents are linked with the booking code and an existing, open account, the data from the patients will be not available anymore.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our websites. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, spelling or translation errors, inaccuracies or omissions that may relate to our services, product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve 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.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Myopia Care, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Myopia Care and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service 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.

TERMINATION

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).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Switzerland.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info at myopiacare.com.