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Terms and Conditions

This Agreement has a start date of the date that is assessed by the Licensee and a term of one year. Information provided for in the application process, and instructions provided in writing by Sightrisk, form part of this Agreement.

The parties are:

  • Sightrisk Limited (Sightrisk) a limited liability Company whose registered office is at ArcLabs Research & Innovation Centre, Waterford Institute of Technology, West Campus, Carriganore, Waterford, Ireland ("we", "our", "us"); and
  • The Licensee as set out on the application ("you", "your").

The Headings in this Agreement are for information and identification only and do not form part of the Agreement.

1. The Relationship between us and you

You have requested and we have agreed to grant you a Licence in respect of the Sightrisk AMD Calculator and you have agreed to abide by the terms and conditions and the payment of the Licence fee during the application process and as we have explicitly agreed to provide access to the Sightrisk AMD Calculator (the Licence).

2. Grant of Licence

2.1. Under this Agreement, in consideration of your paying the Licence Fee referred to in Clause 5 and performing your other obligations under this Agreement, we grant you a limited, non-exclusive, non-transferable licence for the term of one year to use the Sightrisk AMD Calculator for the purposes and in the ways allowed in Clause 2.2 and subject to the other terms and conditions of this Agreement. We also allow you to permit your employees to use the Sightrisk AMD Calculator solely for the purposes and in the ways allowed in Clause 2.2 and subject to the other terms and conditions of this Agreement.

2.2. Subject to Clauses 2.3 and 2.4, you may:

  • use the Sightrisk AMD Calculator as a healthcare professional to assess the risk/likelihood of the patient developing age-related macular degeneration (AMD). The calculation is an estimate only and depends entirely on the correctness of the information submitted.

2.3. This Licence is a Licence to use the Sightrisk AMD Calculator solely for your own internal business purposes. In particular, this Agreement does not allow you to sell, give away, trade, let or hire or in any other way commercialise the Sightrisk AMD Calculator.

2.4. You have no rights to use the Sightrisk AMD Calculator other than as expressly set out in this Agreement.

3. Obligations on You

3.1. You will take all reasonable technological and security measures to ensure that your login details are physically secure from unauthorised use or access.

3.2. You will ensure that you and your employees observe the restrictions on the use of the Sightrisk AMD Calculator set out in this Agreement. You will also ensure that all of your obligations under this Agreement are passed on to your employees.

3.3. You will ensure that you fully protect the intellectual property rights of the Sightrisk AMD Calculator and that you do not alter, remove or tamper with any trade name, trademark, logo or other means of identification used on it in relation to the Sightrisk AMD Calculator. You will notify us if you suspect any infringement or other breach by a third party of these intellectual property rights or our trademarks, and will give us all reasonable assistance (at our expense) and comply with all reasonable instructions from us in our pursuit of any infringement.

3.4. You will ensure that you comply with our instructions with regard to the use of our trademarks or use of copyright acknowledgements or other indication of our property rights in any report or publication which you create from the results of use of the Sightrisk AMD Calculator. You will in particular use the following copyright acknowledgement alongside any reproduction of the results of the Sightrisk AMD Calculator in data or paper form:

  • Includes Sightrisk AMD Calculator data reproduced under Licence number. Unauthorised reproduction infringes Sightrisk Limited copyright.

3.5. You will not use the results or data of the Sightrisk AMD Calculator or allow it to be used by others, in any manner which we reasonably feel is inconsistent with the goodwill in our name.

3.6. You are responsible at all times for the acts or omissions of any employee you use to perform any activities under this Agreement

4. Obligations on both of us

4.1. We both agree:

  • That the confidential information means information (whether specified designated as ‘confidential’ or not) that relates to the affairs of one party in anticipation of, or as a result of, this Agreement. This excludes information which is public knowledge, other than through the breach of any duty of confidentiality;
  • To use confidential information only for the purposes of performing the obligations imposed or the rights acquired under this Agreement; and
  • Except as required by law, not to disclose confidential information to any third parties or to any employees except those who are directly involved with this Agreement, without each other’s prior written consent.

4.2. Throughout the term of this Agreement we will both maintain accurate records relating to all transactions arising out of this Agreement.

5. Licence Fees

5.1. We will charge you on the basis of each Licence acquired by you. We will calculate the fee with reference to the number of physical premises you or your employees are licensed to practice in. For the avoidance of doubt, you will pay the VAT and any other taxes at the rate prevailing on that date.

5.2. Payment is made online on your completing the application process. No other means of payment is possible.

5.3. The Licence Fee is €549 plus VAT, where applicable.

5.4. The Licence Fee paid by you is paid in consideration of the Limited Use Licence granted under this Agreement.

6. Auditing

On giving not less than seven working days' notice, we and our representatives have the right to inspect your compliance with this Agreement and to take copies of any necessary records. We will pay for our representatives. You will at your expense, make appropriate employees and facilities available to provide reasonable assistance.

7. Termination

7.1. This Agreement may be terminated immediately by us if you fail to comply with the restrictions in the use of the Sightrisk AMD Calculator set out in Clause 3 and the Schedule to this Agreement.

7.2. Subject to Clause 8.1, this Agreement may be terminated by either of us immediately on notice if the other party:-

  • Is in breach of any of the terms of this Agreement and such breach is incapable of being remedied; or
  • Is in breach of any of the terms of this Agreement and, breach being remediable, fails to remedy the breach within such reasonable period as may be specified in a written request to do so; or
  • Is subject to any insolvency or bankruptcy proceedings or ceases to do business.

7.3. Termination or expiry of this Agreement will not affect our or your accrued rights and remedies.

8. Liability

8.1. It is your responsibility to ensure that the Sightrisk AMD Calculator is suitable for your intended purposes and we accept no liability as to the fitness of the results. We exclude to the fullest extent permissible by law all warranties, conditions or terms that may be implied by statute, statutory instrument, common law, custom or otherwise.

8.2. We shall not be under any liability of any sort or liable for any damage, injury or loss whatsoever, whether in tort (including negligence) or otherwise, other than liability for breach of this Agreement.

8.3. We shall not under any circumstances whatsoever be liable for any special, incidental, indirect or consequential damages including damagers or costs incurred as a result of loss of time, loss of savings, loss of data or loss of profits.

8.4. The total and aggregate liability of either of us whether in contract, tort (including negligence) or otherwise for any loss or damage arising out of or in connection with this Agreement will not at any time exceed the amount paid by you being the Licence fee for one term only save that your liability for infringement or breach of intellectual property rights in relation to the Sightrisk AMD Calculator will be unlimited.

9. Events Beyond our or your Control

Where either of us fails or is delayed in carrying out obligations under this Agreement due to circumstances beyond that party’s reasonable control, and the party affected complies with this section, it shall not be responsible for any such delay or failure. In such circumstances the party affected will notify the other party as soon as possible. We will each allow the other a reasonable extension of time to carry out the obligations in these circumstances. The party affected will make all reasonable efforts to mitigate the effects of the circumstances in question.

10. Entire Agreement

This Agreement and its Schedules contain the entire agreement between us and you and supersede all previous agreements and understandings between the parties relating to the subject matter of this Agreement. We both acknowledge that in entering this Agreement neither of us does so on the basis of or relying on any representation, warranty or other provision except as provided in this Agreement.

11. Changing the parties to the Agreement

This Agreement cannot be assigned, sub-let or transferred in any way.

12. Changing the Agreement

You accept the terms and conditions of this Agreement as they exist at the date of payment by you of fees under Clause 5 of this Agreement. The waiving (which must be in writing) on a particular occasion or occasions by either of us of rights under this Agreement does not imply that other rights will be waived or that the right waived will be waived again.

13. Notices

All notices which each of us are required to give to the other under the Agreement shall be in writing.

13.1. Your notices to us will be sent to .(JavaScript must be enabled to view this email address).

13.2. Our notices to you will be sent to the address given during the application process, amended by notice by you as necessary. 

14. Governing Law

This Agreement will be governed by and construed in accordance with the laws of the Republic of Ireland. We both agree to submit to the exclusive jurisdiction of the Irish Courts for the resolution of disputes relating to this Agreement. If any part of this Agreement is held by the Courts to be invalid, unenforceable or illegal, we both agree that the remainder of this Agreement shall stand.

Schedule: Conditions for Internet Use

  1. You may use the Sightrisk AMD Calculator on the single internet site with the URL given during the application process (‘The Permitted Internet Site’); and additional licence is required for each physical premises site on which the Sightrisk AMD Calculator is to be used.
  2. For the avoidance of doubt or confusion a Licence is only permitted to be used in store, pharmacy, opticians, healthcare etc. Should your company, partnership or chain have more than one physical premises a Licence is required for each premises.
  3. You must ensure that the appropriate copyright notices as supplied by us are used on or immediately adjacent to the Sightrisk AMD Calculator and all data from it.

Returns and Exchanges

Sightrisk Limited undertakes to remedy technical difficulties relating to the use of the website within seven days of being notified by a Licence Holder as to a fault. Should such a fault not be remedied within seven days the Licence holder may seek a refund for the amount of time outstanding on the Licence. Sightrisk Limited reserves the right for its technical team to determine if a fault exists.

This Licence and use of this website applies only to healthcare professionals who have taken a Licence as a business user. This contract is a contract for the supply of services to business users and the seven day cooling off period does not apply where the service has already commenced. This means that once you access the website through the password and login name the cooling off period will not apply and you will not be able to cancel the Licence and claim a refund of the Licence fee.

Disclaimer

Sightrisk Limited uses self generated analytical methodology based on currently available literature to estimate the risk of the participant developing visually consequential age-related macular degeneration (AMD) in the future.

The contents of this website are intended for licence holders only. Such licence holders being fully qualified health care providers. The Sightrisk AMD Calculator is not intended to be read or used by non-healthcare professionals and/or non licence holders.

The content of this website is not intended to replace the services of a healthcare provider (e.g. optician or doctor). This website in no way constitutes a doctor–patient relationship and is not intended in any way to diagnose or treat a medical or health condition. This website does not prescribe medication or order tests.

Sightrisk Limited makes no representations or warranties of any kind, either expressed or implied, with respect to the information contained in the website and or generated by the Sightrisk AMD Calculator.

Sightrisk Limited makes it clear to all users of this website that this approach is not an exact science and all users should be aware that the index of risk generated by the software must be interpreted and understood as an estimate and not an exact value or probability. The estimate should only be read and interpreted by healthcare professionals.

Sightrisk Limited is in no way responsible for the interpretation of the results of the Sightrisk AMD Calculator by health care professionals or licence holders. It is not responsible for any information, advice, recommendation, prescription or treatment given by the licence holders or such healthcare professionals to the patient. Sightrisk Limited is not responsible for inaction on behalf of the licence holder and or healthcare professionals and holds no liability in relation to any breach of patient care.

Sightrisk is not responsible or liable for any direct or indirect claim, loss or damage resulting from the use of this website and or any websites linked to or from it.