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EyeCalm | Diagnostic Service Terms and Conditions

Diagnostic Service Terms and Conditions

This page (together with the documents referred to on it) tells you the terms and conditions which govern your use of the online diagnostic service ("Diagnostic Service") at www.eyecalm.org (our site).

Please read these terms and conditions carefully and make sure that you understand them, before using the Diagnostic Service. You should understand that by using the Diagnostic Service, you agree to be bound by these terms and conditions as well as the Website Terms of Use and Privacy Policy.

You should print a copy of these terms and conditions for future reference.

  1. INFORMATION ABOUT US

    1. www.eyecalm.org is a site operated by Renuntiabo Limited ("We"). We are registered in England and Wales under company number 05874689 and have our registered office at 14 Black Friars, Chester, CH1 2NU. Our VAT number is 925 1697 08.
    2. We are a limited company.

  2. ACCEPTANCE OF THIS SERVICE'S TERMS AND CONDITIONS

    1. By using the Diagnostic Service you are deemed to understand, consent to and agree to be legally bound by these terms and conditions. If you do not understand and agree to these terms and conditions, Website Terms of Use and Privacy Policy you should not use this service.

  3. ACCESS TO THE DIAGNOSTIC SERVICE

    1. If you have been referred to our site by a suitably qualified medical practitioner who is properly licensed to do so ("Referring Medical Practitioner") and you meet the eligibility criteria referred to in clause 5.1, you will be granted a unique single-use code ("Login Code") which will enable you to access the Diagnostic Service via an online account ("Diagnostic Service Account").
    2. At any time, if we believe that you do not to meet the eligibility criteria set out in clause 5.1, we may decline to provide the Diagnostic Service to you.

  4. CONTENT OF THE DIAGNOSTIC SERVICE

    1. The Diagnostic Service includes the following:
      1. Provision of access to an online interactive questionnaire facility ("Questionnaire") which has been written and developed by a UK Ophthalmologist with over 20 years experience ("Ophthalmologist") and;
      2. The creation and provision of one treatment plan ("Treatment Plan") on-screen automatically following submission of the Questionnaire. The Treatment Plan contains recommendations for diagnosis and initial non-prescription medication treatment based on your answers to the Questionnaire.
    2. We will use reasonable skill and care in making the Diagnostic Service available to you and in ensuring its availability.
    3. We are continually seeking to improve the Diagnostic Service. We reserve the right, in our absolute discretion, to make changes to any part of the Diagnostic Service provided that it does not materially reduce its content or functionality.
    4. The questionnaires are not intended to supplant the diagnosis of a physician. The following links are to a publications useful in evaluating the questionnaire’s utility.
      doi: 10.1097/ICO.0000000000000038
      doi: 10.1001/jamaophthalmol.2013.4503
      doi: 10.1167/iovs.09-4180

  5. YOUR STATUS AND ELIGIBILITY

    1. By using the Diagnostic Service, you warrant that:
      1. you have previously been diagnosed with tear film instability by a qualified medical professional;
      2. you have suffered from eye irritability or fluctuating vision for a minimum of 6 weeks;
      3. you are legally capable of entering into binding contracts;
      4. you are at least 18 years old;
      5. you are using the service for your personal and non-commercial use only;
      6. you are resident in the UK; and
      7. you are accessing our site from that country.

  6. DIAGNOSTIC SERVICE ACCOUNT

    1. The Diagnostic Service is only available to individuals who have been granted a valid online Diagnostic Service Account by us.
    2. You agree that you will not share your Login Code with anyone. You acknowledge that you will take all reasonable steps to ensure that a third party does not gain access to your account.
    3. You agree that you will not create more than one Diagnostic Service Account.

  7. DIAGNOSIS AND RECOMMENDED TREATMENTS

    1. You confirm, understand and warrant that your answers to the Questionnaire will be used to determine the appropriate diagnosis and treatments set out in the Treatment Plan. As such you confirm and warrant that:
      1. you have provided, or will provide, full, accurate and honest answers to each of the questions contained in the Questionnaire; and
      2. if you are unsure of the meaning of any question contained in the Questionnaire or are unsure of how to answer any question you have, or will, contact us or your Referring Medical Practitioner for advice prior to submitting the Questionnaire.
    2. You agree, understand and acknowledge that;
      1. any diagnosis or recommended treatment contained in the Treatment Plan will be solely for your own personal use;
      2. if you are recommended a treatment of which you are uncertain, you will contact us or your Referring Medical Practitioner and wait for a response before undertaking the relevant treatment;
      3. if you suffer from any noticeable side-effects resulting from undertaking a recommended treatment, you will contact us or your Referring Medical Practitioner as soon as possible for further advice;
      4. we are not responsible for what you choose to do with any advice that is given by us;
      5. you may need to involve a supervising doctor at a later stage;
      6. your answers or lack of answers to the Questionnaire may result in no treatment being recommended; and
      7. the Diagnostic Service is only intended to relate to the diagnosis of medical conditions relating to tear film instability.

  8. INFORMING YOUR REFERRING MEDICAL PRACTITIONER

    1. You are advised to keep your Referring Medical Practitioner informed of any diagnosis and recommended treatment.
    2. Where you have indicated that you wish us to inform your Referring Medical Practitioner by providing the relevant contact information, you confirm that you have consented to such personal and medical information being disclosed to your Referring Medical Practitioner. You confirm that you consent to this information being exchanged electronically.

  9. INFORMED CONSENT

    1. You agree that by using the Diagnostic Service, you give your consent for information about yourself, your health and current medications including, but not limited to, the information you divulge in response to the Questionnaire to be viewed and exchanged by and between us and the Ophthalmologist as necessary to review and monitor the performance of the Diagnostic Service. You confirm that you consent to this information being exchanged electronically.

  10. DISCLAIMERS AND LIMITATIONS OF LIABILITY

    1. To the fullest extent permitted by applicable law, under no circumstances will we be liable for any loss or damage arising from or in connection with;
      1. any breach by you of your obligations or warranties set out in these terms and conditions;
      2. your use of the Diagnostic Service or Treatment Plan other than in accordance with these terms and conditions; or
      3. the fact that the nature of the Diagnostic Service and Treatment Plan means that we may not be able to provide the level of emotional support often associated with traditional face-to-face consultations.
    2. To the fullest extent permitted by applicable law, under no circumstances will we be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise):
      1. loss of emotional well-being including, but not limited to, any embarrassment caused;
      2. loss of data;
      3. personal injury;
      4. loss of revenue or anticipated profits;
      5. loss of business;
      6. loss of opportunity;
      7. loss of goodwill or injury to reputation;
      8. losses suffered by third parties; or
      9. any indirect, consequential, special or exemplary damages arising from the use of the Diagnostic Service regardless of the form of action.
    3. To the fullest extent permissible by law, we will not be held responsible for any information that is inadvertently omitted from this service or for any errors that are inadvertently included within the Diagnostic Service.
    4. To the fullest extent permitted by applicable law, we disclaim any liability resulting from the provision of services by third party providers. Liability shall rest with the appropriate third party provider and shall not under any circumstance be deemed to rest with us.

  11. GENERAL

    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control. Our performance of any of our obligations under these terms and conditions are deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms and conditions may be performed despite the Force Majeure Event.
    2. If we fail, at any time, to insist upon strict performance of any of your obligations under any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
    3. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
    4. If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
    5. These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
    6. We each acknowledge that, in entering into a contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
    7. We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you use the services, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority.
    8. These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with contracts governed by these terms and conditions or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.