Terms & Conditions
BACKGROUND:
Welcome to the Vesynta Limited terms and conditions.
The information in these terms and conditions describes the products and services offered by Vesynta Limited and how we expect users to interact with these.
The “products and services” covered by this agreement are:
• vesynta.com (“Our Site”)
• Vesynta’s mobile applications for iOS and Android;
• Vesynta’s web, and EHR-integrated applications
Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site, mobile application or Clinician Dashboard. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site, mobile application or Clinician Dashboard immediately.
1. Definitions and Interpretation
1.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Content”
means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and
“We/Us/Our”
means Vesynta Limited (trading as Vesynta, SamplePro or Dosologic), a company registered in England and Wales under the number 11859034.
2. Information About Us
2.1. Our Site, vesynta.com, is owned and operated by Vesynta Limited.
2.2. Our mobile application is owned and manufactured by Vesynta Limited.
2.3. Our clinician dashboard is owned and manufactured by Vesynta Limited.
3. Access to Our Site
3.1. Access to Our Site is free of charge. Access to our mobile application is provided to users through a code provided by your eye care professional, or Vesynta Limited. Access to our clinician dashboard is provided to eye care professionals by Vesynta Limited.
3.2. It is your responsibility to make any and all arrangements necessary in order to access Our Site, mobile application or clinician dashboard.
3.3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.
3.4. Access to Our mobile application or clinician dashboard is currently only provided by Vesynta directly.
3.5. We will not be liable to you in any way if Our Site (or any part of it), mobile application or clinician dashboard is unavailable at any time and for any period.
4. Intellectual Property Rights
4.1. All Content included on Our Site, mobile application or clinician dashboard and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.
4.2. You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner reuse Content (including verbally) from Our Site, mobile application or clinician dashboard unless given express written permission to do so by Us.
5. Links to Other Sites
Links to other sites may be included on Our Site, mobile application or clinician dashboard. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site, mobile application or clinician dashboard is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
6. Disclaimers
6.1. Nothing on Our Site, mobile application or clinician dashboard constitutes advice on which you should rely. It is provided for general information purposes only. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site, mobile application or clinician dashboard will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
6.2. We make reasonable efforts to ensure that the Content on Our Site, mobile application and clinician dashboard is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
7. Our Liability
7.1. To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site, mobile application or clinician dashboard or the use of or reliance upon any Content included on Our Site.
7.2. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site, mobile application or clinician dashboard or any Content included on Our Site, mobile application or clinician dashboard.
7.3. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
7.4. We exercise all reasonable skill and care to ensure that Our Site, mobile application or clinician dashboard is free from viruses, bugs and other malware. We accept no liability for any loss or damage resulting from a virus, bug or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it), mobile application or clinician dashboard or any other site referred to on Our Site, mobile application or clinician dashboard.
7.5. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site, mobile application or clinician dashboard resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
7.6. Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
8. Viruses, Malware and Security
8.1. We exercise all reasonable skill and care to ensure that Our Site, mobile application or clinician dashboard is secure and free from viruses, bugs and other malware.
8.2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
8.3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site, mobile application or clinician dashboard.
8.4. You must not attempt to gain unauthorised access to any part of Our Site, mobile application or clinician dashboard, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site, mobile application or clinician dashboard.
8.5. You must not attack Our Site, mobile application or clinician dashboard by means of a denial of service attack, a distributed denial of service attack, or by any other means.
8.6. By breaching the provisions of sub-Clauses 8.3 to 8.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site, mobile application or clinician dashboard will cease immediately in the event of such a breach.
9. Acceptable Usage Policy
9.1. You may only use Our Site, mobile application or clinician dashboard in a manner that is lawful. Specifically:
9.1.1. You must ensure that you comply fully with any and all local, national or international laws and/or regulations;
9.1.2. you must not use Our Site, mobile application or clinician dashboard in any way, or for any purpose, that is unlawful or fraudulent;
9.1.3. you must not use Our Site, mobile application or clinician dashboard to knowingly send, upload, or in any other way transmit data that contains any form of virus, bug or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
9.1.4. you must not use Our Site, mobile application or clinician dashboard in any way, or for any purpose that is intended to harm any person or persons in any way.
9.2. We reserve the right to suspend or terminate your access to Our Site, mobile application or clinician dashboard if you materially breach the provisions of this Clause 9 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
9.2.1. suspend, whether temporarily or permanently, your right to access Our Site, mobile application or clinician dashboard;
9.2.2. issue you with a written warning;
9.2.3. take legal proceedings against you for reimbursement of any and all
9.2.4. relevant costs on an indemnity basis resulting from your breach;
9.2.5. take further legal action against you as appropriate; disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
9.2.6. any other actions which We deem reasonably appropriate (and lawful).
9.3. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
10. Privacy and Cookies
Use of Our Site is also governed by Privacy Policy and by the provisions included in the Cookie Banners that are placed on Our Site. These policies and provisions are incorporated into these Terms and Conditions by this reference.
11. Changes to these Terms and Conditions
11.1. We may alter these Terms and Conditions (ref: VS-008740-RI) at any time - last updated 2024-07-30. Any such changes will become binding on you upon your first use of Our Site, mobile application or clinician dashboard after the changes have been implemented. You are therefore advised to check this page from time to time.
11.2. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
12. Contacting Us
To contact us, please email us at info@vesynta.com
13. Law and Jurisdiction
13.1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
13.2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 13.1 above takes away or reduces your rights as a consumer to rely on those provisions.
13.3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
13.4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.