STANDARD TERMS AND CONDITIONS(Version updated on May 30, 2016) EyeCarePD Inc. (“EyeCarePD”) owns and operates the website with the address www.eyecarepd.com (the “Site”). The Site contains public areas accessible to all users, as well as areas restricted to subscribed users.
- BY USING THE SITE, EACH USER ACCEPTS AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN (the “Standard Terms”), INCLUDING THE SUBSCRIPTION STANDARD TERMS AND CONDITIONS (the “Subscription Terms”) ATTACHED HERETO AS SCHEDULE A AND THE CONFIDENTIALITY POLICY (the “Policy”) ATTACHED HERETO AS SCHEDULE B. A USER WHO DOES NOT AGREE WITH THE STANDARD TERMS SHOULD REFRAIN FROM USING THE SITE.
- EyeCarePD reserves the right to replace, amend or update the Standard Terms by simply updating, at its sole and unique discretion, the webpage containing such Standard Terms on the Site. Continued use of the Site after any such replacement, amendment or update constitutes acceptance of the new terms and conditions.
- EyeCarePD may transfer or otherwise assign its rights to and under the Site and under the Standard Terms to any Person without notice or the requirement for approval.
Limitation of Liability as to Content
- The Site may contain texts, opinions, notices, advice and information expressed by Persons other than an ECPD Party and links to external webpage or other content (collectively, “Third Party Content”). Although EyeCarePD may from time to time monitor or review discussions, chats, postings, transmissions, message boards and other Third Party Content on the Site, EyeCarePD is under no obligation to do so and assumes no responsibility or liability arising from such Third Party Content nor for any error, defamation, libel, slander, omission, falsehood, promotional materials, obscenity, pornography, profanity, privacy disclosure or inaccuracy contained therein. ECPD Parties are not responsible for Third Party Content and Users shall not interpret such content as expert advice or content endorsed by EyeCarePD.
- Except for information covered by the Policy, any communication or material transmitted, uploaded or posted by a User to the Site or otherwise communicated to EyeCarePD by electronic mail or otherwise, including any data, question, comment or suggestion, is and will be treated as non-confidential and non-proprietary. By submitting or communicating such content, each User grants EyeCarePD a royalty-free, perpetual, worldwide, irrevocable, sublicenseable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display such content (in whole or in part) and to incorporate it in other works in any form, media or technology. Each User irrevocably waives all moral rights thereto and represents that the holder of any rights (including moral rights) to such content has completely and effectively waived all such rights and irrevocably authorized the User to grant the above license. In addition, EyeCarePD may use, without compensation, any ideas, concepts, know-how or techniques contained in any such communication for any purpose whatsoever, including developing new Products or Services.
- The Products and Services uploaded, rendered or otherwise made available on the Site by EyeCarePD (including all information, posts, videos, images, diagnostics or other documents collectively, the “ECPD Content”) are offered on an “as is” basis to Users for purposes of education, general information and discussion only. EyeCarePD does not represent nor warrant that the ECPD Content is accurate, adequate or complete or that it reflects the most current state of eye care science. EACH USER ACKNOWLEDGES AND AGREES THAT THE ECPD CONTENT IS NOT INTENDED TO REPLACE OR SUPPLEMENT MEDICAL CARE OR SERVICES, SUCH AS EXAMINATION, DIAGNOSTIC AND INTERVENTION FROM A LICENCED HEALTHCARE PROFESSIONAL. NO USER SHOULD RELY UPON ECPD CONTENT TO ATTEMPT TO REMEDY, CURE, TREAT, DIAGNOSE OR OTHERWISE INTERVENE WITH RESPECT TO ANY OCULAR OR VISION ILLNESS, PAIN, DISABILITY OR OTHER CONDITION OR SITUATION.
- The ECPD Content is intended for licensed healthcare professionals, however, it is not meant to serve as a substitute for a professional’s own clinical judgment. Health care professional Users should exercise their professional judgment in evaluating any such ECPD Content and are encouraged to confirm and compare ECPD Content with other sources before undertaking treatment or diagnostic based upon it. EyeCarePD does not give medical advice, nor provide medical or diagnostic services. EyeCarePD does not guarantee that the ECPD Content covers all possible uses, direction, precautions, drug interactions or adverse effects that may be associated with any treatment or diagnostic.
- A User may not rely on any ECPD Content being applicable to specific circumstances. EyeCarePD does not assume any liability or responsibility for, and each User hereby waives the right to claim, damages, injury, claims or other losses arising from the use of any ECPD Content, Third Party Content or other information, idea or instruction contained in or referred to on the Site.
Products and Services
- All transactions on the Site for Products and Services are final and non-refundable to the extent permitted under Applicable Laws. Access to Products or Services will be restricted until payment is made in full and processed by EyeCarePD or its service providers.
- EyeCarePD reserves the right to change at any time the Products and Services advertised or made available on the Site and the prices, fees, charges and specifications of such Products and Services.
- The Site may contain information on worldwide Products or Services, not all of which are available in every location. Products and Services referred to on the Site may be subject to different regulatory requirements depending on the country of use. Consequently, Users may be notified that certain sections of the Site are intended only for certain kinds of expert users or only for audiences in certain countries. Each User shall be responsible for compliance with Applicable Laws when visiting the Site, obtaining Products or Services or using any Content.
Limitation of Liability
- EyeCarePD does not guarantee uninterrupted access to the Site or to the links contained therein. EyeCarePD reserves the right to modify the Content without notice. EyeCarePD aims to keep the Site up to date, but does not undertake any obligation to continually update the Site or the Content.
- The Site may contain technical inaccuracies or typographical errors. If a User should find an error on the Site, it is invited to please communicate with the Site administrator at [email protected] to have it corrected as soon as possible.
- Each User, by accessing or using the Site, hereby accepts that in no event any ECPD Party involved in the creation, production, distribution, promotion or marketing of the Site, the Content or these Standard Terms will be liable to such User or any other party for any damages whatsoever and each User irrevocably waive their right to claim any such damages. EyeCarePD disclaims all warranties, express or implied, with respect to the Products, the Services, the Content and the use of the Site (including any warranty of merchantability, non-infringement and fitness for a particular purpose), except to the extent prohibited by Applicable Law.
- ECPD CONTENT IS SUBJECT TO COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS OF EYECAREPD (OR THIRD PARTY LICENSORS) AND IS AND SHALL REMAIN THE EXCLUSIVE PROPERTY OF EYECAREPD (OR SUCH THIRD PARTY LICENSOR). THEREFORE, ECPD CONTENT, IN WHOLE OR IN PART, MAY ONLY BE ACCESSED, DOWLOADED OR USED FOR NON-COMMERCIAL PURPOSES. EYECAREPD DOES NOT WARRANT THAT ANY PARTICULAR USE OF ECPD CONTENT COMPLIES WITH APPLICABLE LAWS AND THIRD PARTIES’ RIGHTS. A USER MAY NOT REMOVE, CONCEAL, MAKE ILLEGIBLE OR MODIFY ANY NOTICES OR INDICATIONS OF EYECAREPD (OR ANY THIRD PARTY) INTELLECTUAL PROPERTY RIGHTS SET FORTH ON ECPD CONTENT.
- The Site, all ECPD Content, together with the EyeCarePD business name and trademark and logo, are the exclusive property of EyeCarePD. Each User is strictly prohibited from copying, reproducing, modifying, selling, licensing or otherwise communicating to the public, in any medium whatsoever, the Content or the Site, in whole or in part, including source codes. Should a User wish to reproduce, copy or communicate to the public any portion of the Site or prepare any derivative works, it must first request and obtain prior and explicit written approval of EyeCarePD and agree to follow and respect all instructions or other conditions given by EyeCarePD in relation to such use.
Endorsement of the Products or Services of Others
- Each User agrees not to:
- use the Site or the Content for any purpose that is unlawful (including the violation of any third party’s rights and intellectual property rights) or prohibited by these Standard Terms or the terms of any other agreement entered into between such User and EyeCarePD, if applicable;
- use the Site in any manner that could damage, disable, compromise, intercept, overburden, impair or illegally take control of any EyeCarePD server or any network(s) connected to any EyeCarePD server or otherwise limit the proper functioning of the Site or any equipment required to ensure the proper functioning of the Site;
- interfere with any third party’s use and enjoyment of the Site;
- gain or attempt to gain unauthorized access to any portion of the Site, other Subscriber accounts, computer systems or networks connected to any EyeCarePD server through hacking, password or data mining or any other means;
- obtain or attempt to obtain any materials or information through any means not intentionally made available to such User on the Site or decipher, decompile, disassemble or reverse engineer any of the software, the Site or the Content, in whole or in part;
- post or upload material that contains viruses, Trojan horses, worms, time bombs or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
- re-sell or make a commercial use of the Site or the Content;
- modify, distribute, communicate, publish, produce, reproduce, publish or create derivative works from the Site or the Content or transfer, sell or assign any rights to the Site or the Content, in whole or in part;
- post or upload any incomplete, false or inaccurate information or use the Site or any Content in any manner which is harmful, threatening, abusive, harassing, sexually-explicit, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or otherwise objectionable manner or which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any Applicable Law; and
- facilitate, encourage or participate in any of the above conduct.
- EyeCarePD will investigate occurrences which may involve violations and may involve or cooperate with law enforcement authorities in prosecuting a User who is involved in such violations.
- Each User acknowledges and agrees that its use of the Site and the Content is at its own risk and that no ECPD Party will be liable in any circumstance for such use. For more certainty, ECPD Parties will in no event be liable for indirect, punitive, incidental or consequential damages, lost profits or damages resulting from lost data or business interruption resulting from the use or inability to use the Site or any Content, whether or not they are advised of the possibility of such damage.
- Each User agrees to defend, indemnify and hold each ECPD Party harmless from all liabilities, claims, expenses and losses (including attorney’s fees) which arise from (a) the use by the User of the Site in violation of any term or condition of these Standard Terms; (b) the use or reproduction of, or reliance on, any Content by the User; (c) any claim (including third party claims) in relation to a violation of the Standard Terms by the User. EyeCarePD reserves the right to assume exclusive defense and control of any matter otherwise subject to such indemnification, in which event the User agrees to cooperate with EyeCarePD in asserting any available defenses.
- The present Standard Terms are governed by the laws of the Province of Quebec and the laws of Canada applicable therein. Any dispute resulting from these Standard Terms, the Site, the Products or Services are to be submitted to the exclusive jurisdiction of a competent tribunal in the judicial district of Montreal, Quebec, Canada.
- Should any provision of the Standard Terms be held invalid or unenforceable under Applicable Law, the remaining provisions shall continue in full force and effect.
- Each User has accepted and requested that these Standard Terms be written in English. To the extent required under Applicable Law, a User may request a French translation by communicating with: [email protected]. Chaque utilisateur a accepté et demandé que ces termes et conditions standards soient rédigés en langue anglaise. Pour toute traduction en français requise en vertu des lois applicables, veuillez communiquer avec : [email protected].
“Applicable Laws” means any regulation, law, order, judgment, policy, directive, standard, decree, rule or other requirement of any regulatory authority or government department or agency, administrative body, bureau, tribunal, minister, service, Crown corporation or any other entity having jurisdiction or acting as having jurisdiction on behalf of any nation, province or state or of any other subdivision thereof, or any city, municipality or district or any other subdivision thereof.
“Content” means, collectively, all the information, documents, pictures, data and other content of the Site from time to time, including all Products and Services.
“ECPD Parties” means collectively, EyeCarePD, all Persons related to EyeCarePD (as such term is understood under the Income Tax Act (Canada)) and all Persons employed by, hired by or otherwise acting by, on behalf or upon request from EyeCarePD in relation to the Site, the Content or the Products or Services.
“Person” includes any individual, sole proprietorship, partnership, limited liability partnership, joint venture, trust, unincorporated organization, association, corporation, limited liability company, legal person, institution, public corporation, entity or government (including any division, agency, body or department thereof).
“Products” means, collectively, all training materials and courses made available on the Site, including each image, document, data, video, compilation, case analysis or study, diagnostic or medial information or any other property included in such materials and courses, together with any other product which can be downloaded or viewed on the Site.
“Services” means, collectively, online medical training related to eye care and such other services which can be made available by EyeCarePD on the Site from time to time.
“Subscriber” means a User who has created an account for the membership section of the Site.
“User” means any Person accessing the Site, including a Subscriber.
EyeCarePD does not recommend or endorse any specific tests, procedures, drugs, devices, products or services that may be mentioned or referenced on the Site. No advertisers, endorsers or supporters of EyeCarePD or the Site have influence on ECPD Content and any such advertisement or reference does not imply or express endorsement of any product, service or company by EyeCarePD. Furthermore, EyeCarePD is not liable for any Third Party Content, including advertising, products or other materials offered from such advertisers and their agents, or for the collection of information which they may undertake through their advertisements on the Site.
- Capitalized words or expressions not otherwise defined in these Subscription Terms shall have the meanings set forth in the Standard Terms to which they are attached.
- Subscribers agree to complete the registration process by providing current, complete, and accurate information as requested by EyeCarePD. Subscribers must be at least 18 years old.
- Subscribers are responsible for all activities which occur under their account and agree to notify EyeCarePD immediately when they become aware of any unauthorized use or any other breach of security.
- Subscribers agree not to share their account or reveal their passwords or login credentials to any third party and must take reasonable steps to ensure that such credentials remain confidential and secure. Subscribers also agree not to use or access a third party account. Usernames and passwords belong to EyeCarePD and cannot be transferred, sold or assigned to a third party.
Limitation of Liability and Indemnification
- No ECPD Party will be liable for any claim, loss or other damages resulting from the use of a Subscriber account, including as a result of someone else using a Subscriber’s account, either with or without the Subscriber’s knowledge.
- Each Subscriber agrees to defend, indemnify and hold each ECPD Party harmless from all liabilities, claims, expenses and losses (including attorney’s fees) which arise from (a) someone else using the Subscriber’s account; (b) misleading or false information provided on a Subscriber account; or (c) any claim (including third party claims) in relation to another violation of these Subscription Terms.
- EyeCarePD reserves the right to terminate or discontinue an account or subscription at its sole discretion, with or without notice, including, without limitation, if EyeCarePD determines that there has been a breach of the Subscription Terms or Standard Terms. EyeCarePD will not be liable for any claim, loss or other damage resulting from such termination or discontinuation.
By registering an account, each Subscriber understands and agrees that EyeCarePD may send the Subscriber communications or data relating to the Site, Products and Services and other eye care products and services, including but not limited to (a) confirmation and terms of transactions; (b) updates; (c) products and/or services transacted on the Site or in which a link was established via the use of the Site; and (d) advertising, surveys and other communications. A Subscriber may, at any time, refuse to receive communications which are “commercial” in nature (as understood under anti-spam Applicable Laws), other than with respect to a transaction made on the Site or the Subscriber account, by selecting the following opt-out feature: https://eyecarepd.com/manage-emails/.
EyeCarePD does not record Subscriber passwords in its database. However, it records a “digital print” generated by each Subscriber’s password using a cryptographic hash function. EyeCarePD generates a digital print (hash) from the password every time a Subscriber opens a session, and compares this print to the one registered in EyeCarePD’s database. EyeCarePD cannot decipher a password from the digital print registered.
All payments made on the Site are processed by a third party provider. EyeCarePD will not be liable for any loss, damage or other liability resulting from any payment made through such third party website or application.
Each Subscriber may request to delete its account at any time when (a) no Products delivery or other Services are pending; and (b) no amounts are due to EyeCarePD, by following these instructions: https://eyecarepd.com/delete-my-account/. Upon deletion, Products and Services will no longer be available to the Subscriber. Subscriber account information will be kept for thirty (30) days after the date of deletion. Subsequently, Personal Information (as defined in the Policy) will be deleted (unless an Applicable Law requires EyeCarePD to keep these files), but Shared Information (as defined in the Policy) and other content may remain on the Site or in EyeCarePD’s records after the deletion of a Subscriber Account.
Each Subscriber may modify its personal information at any time by accessing its Subscriber account or by communicating with the Personal Information Protection Officer at [email protected]. Each Subscriber agrees to update such information, so that it can at all times be relied upon by EyeCarePD.
- “Demographic Information” means information or data recorded and used to learn about Users’ interests and personalize experience, such as details on User’s browsing habits, the data found in User’s “cookies”, the history of links clicked by a User, raw data on a User geographical location (i.e. the city where the Site is accessed);
- “Personal Identifying Information” means the information used to identify a natural person, including an address, an email or IP address, but excluding any Shared Information;
- “Personal Information” means collectively, the Personal Identifying Information and all the group or demographic data (or other information that cannot be used to identify an individual), associated with Personal Identifying Information in a way that can be used to identify such individual rapidly and easily; and
- “Shared Information” means the information that is, by its very nature, meant to be shared, including, for example, Third Party Content uploaded by a User (including all Personal Information that a User decides to upload in a public section of the Site).
Treatment of Information
- EyeCarePD may collect certain Personal Information for the purpose of rendering Products or Services. EyeCarePD commits to making reasonable efforts to maintain their confidentiality in accordance with Applicable Law.
- Each User consents to having the Shared Information shared, communicated, and made accessible or available to anyone, and publicly posted on the Site, or on sites other than the Site, as well as in publications printed or provided by EyeCarePD in other formats. EyeCarePD does not control the Shared Information or how it may be used by third parties, and by posting this information publicly, each User waives rights to the protection of Shared Information.
- Each User consents to EyeCarePD collecting Demographic Information and disclosing (and sharing to third parties) Demographic Information without Personal Identifying Information. EyeCarePD commits to making reasonable efforts to preserve anonymity thereof in accordance with Applicable Law.
- Each user who receives a free license to access EyeCarePD paid products consents to having Personal Information shared with the third party vendor who paid for their access.
- The collection and use of Shared Information, Personal Information and Demographic Information is critical to operating EyeCarePD business and to its commercial activities and providing Users with Products and Services. Each User authorizes EyeCarePD to collect, monitor, transmit, retrieve, store and use such information (including processing or storage in foreign jurisdiction) for the following purposes and objectives:
- establish, maintain, and manage EyeCarePD’s relationship with Users;
- identify and communicate with Users;
- personalize User experience on the Site;
- send Users information and Content adapted to User’s interests;
- provide Users with Products and Services;
- inform Users of offers, products, services and updates;
- evaluate and improve Products and Services;
- analyze Users habits and market trends;
- perform the accounting and complete transactions; and
- exercise legal rights or defend against any proceeding, claim or legal action.
- EyeCarePD may collect, use, keep or disclose Personal Information without User’s consent or knowledge when allowed or required by any Applicable Law, notably, to comply with a court order or subpoena.
- EyeCarePD may keep and use Demographic Information and Shared Information indefinitely.
- Each User acknowledges that its computer, network and browser may have been configured to send information to EyeCarePD when using the Site, which can include the IP address, information about computer configuration, more particularly the operating system and browser, the recurrent data registered in the “cookies”, the information about pages from which such User accessed the Site using a hyperlink, as well as other information. Moreover, EyeCarePD’s server may collect information on a User visit on the Site, such as the pages viewed, the length of such visit, the information provided in online forms, as well as various types of information concerning use of the Site.
- Each User authorizes ECPD Parties to collect and use this information to monitor the Site’s performance, functionality and utility, as well as for commercial reasons such as ongoing evaluation, statistical analysis and the improvement of the Site, Products or Services. Since this information (with the exception of User’s complete IP address) and the information derived from it are not Personal Identifying Information, each User authorizes EyeCarePD to use, collect and disclose such information in its discretion.
- The scope and application of this Policy are limited to what is explicitly provided herein and in Applicable Laws. This Policy neither creates nor grants additional rights or obligations.
- If, in a specific case, this Policy contradicts any Applicable Law, it shall be interpreted in a manner enforcing and upholding said Applicable Law.
The capitalized terms or expressions herein have the meanings specifically attributed to them in the Standard Terms to which this Policy is attached or shall have the meanings hereinafter set forth:
EyeCarePD collects certain types of information from Users in order to provide a personalized experience on the Site, as well as to provide Products and Services. EyeCarePD values the protection of privacy. By using the Site or registering under a Subscriber account, each User agrees to the collection, the use, the storage, and the disclosure of information, in accordance with this Policy.
User’s Personal Information may be accessed by EyeCarePD employees, suppliers, advisors, service providers and any other ECPD Party that requires this information to help EyeCarePD establish, maintain and manage its relationship with such User and to provide Products and Services. Each User acknowledges that the disclosure of Personal Information to the aforementioned third parties, or through the network used to connect to the Site, or to any other server or related computer network, could entail the transmission of said Personal Information in territories outside Canada, subject to different Applicable Laws.
User’s Personal Information may be disclosed or transferred in the case of the sale of EyeCarePD’s assets, in whole or in part, or the issuance of a given interest in EyeCarePD, its equity, or its assets, including any form of commercial acquisition, merger, joint venture, or otherwise. Any Person that acquires such interest in EyeCarePD, its equity or its assets may be granted access to Users Personal Information, subject to this Policy.
EyeCarePD has adopted policies and practices to ensure data security and makes efforts to safeguard the security and integrity of its electronic information and data and protect Personal Information against unauthorized access, use and disclosure. However, other than as prohibited by Applicable Law, EyeCarePD cannot be held responsible for any (a) unauthorized access to a User Personal Information; (b) involuntary disclosure of Personal Information; or (c) transmission of any computer virus or malware, and each User irrevocably waives any and all rights to any claim with respect thereto.
Each User acknowledges that when using the Site, the computer or device may connect to third party servers that EyeCarePD does not control. This may occur when the content hosted on a third party server is integrated to the content of one of the pages on the Site, or if such User leaves the Site to consult a hyperlink. Each User acknowledges that these third parties can then collect Personal Information or other information, and also acknowledges that EyeCarePD has no control over the manner these third parties collect, use and disclose this information. Users are encouraged to review the privacy policies of such third parties if they chose to visit their websites.
EyeCarePD has appointed a Personal Information Protection Officer to ensure compliance with this Policy. Information requests concerning this Policy or concerns related to the collection, disclosure, accuracy, use, or keeping of Personal Information can be forwarded to this address: [email protected]. All complaints concerning a violation of this Policy shall be filed with the Personal Information Protection Officer, who will conduct an investigation within a reasonable time. Should the Personal Information Protection Officer find the complaint to be well-founded, EyeCarePD commits to taking the appropriate measures to rectify the situation.
EyeCarePD may modify this Policy when and where it deems it appropriate by posting an updated version on the Site. Any modifications will take effect at the date it is posted. A User’s continued use of the Site following the posting of the updated version of this Policy shall be deemed to be an acceptance of the amendments.