Terms and Conditions

For mobile devices, software applications and on-line services

This document (the “Terms”) defines your rights, responsibilities and benefits as a user of mobile devices (“The Devices”), web-based services (“The Services”) or software applications (“The Software”) – Collectively, “The Products” manufactured, distributed or operated by IRISS Medical Technologies Limited, Acre House, 11-15 William Road, London, NW1 3ER, United Kingdom (“IRISS”)

By accessing or using The Products you are agreeing to a legally binding agreement (“The Contract”) with us, based on these Terms, including all terms, conditions and policies incorporated herein by reference and including our Privacy Policy. If you don’t agree with any of these Terms, or if you have any objections to our Privacy Policy you must not use The Products.

1 Users

1.1 Users of The Products may be un-registered, registered or paying subscribers.

1.2 The Products are intended for use by medical professionals. If you are under the age of 17 you may not use The Products.

2 Compliance

Where appropriate, The Products are compliant with the rules and directives applying to the protection of patient data. However, these features may be disabled by you if required. You must comply with all applicable laws and refrain from infringing any third-party or patient rights or interests.

3 Delivery

3.1 Physical delivery, where appropriate, of The Products shall be made by us or a carrier chosen by us to the address for delivery shown in the electronic order form completed by you. It is important that this address is accurate. We cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.

3.2 Every effort will be made to ensure that The Products ordered are shipped within two working days of receipt of the order, subject to our obligations under the Consumer Protection (Distance selling) Regulations 2000. We shall not be liable for any delay in delivery of The Products however caused. Time for delivery shall not be of the essence of The Contract.

3.3 Customers have two working days to report any missing items from their order, either by phone, fax, letter or email.

3.4 The Products may at our discretion be delivered in instalments. Each delivery shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these Conditions or any claim by you in respect of any one or more instalments shall not entitle you to treat The Contract as a whole as repudiated.

3.5 If we fail to deliver The Products (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the price of The Products.

3.6 If you fail to take delivery of The Products or fail to give us adequate delivery instructions then, without prejudice to any other right or remedy available to us, we may cancel The Contract and refund to you the price of The Products less the cost of their delivery and the cost of their being returned to us.

4 Hardware Device Warranties and Returns

4.1 Your statutory rights are not affected by these Conditions.

4.2 All hardware devices sold by IRISS are warrantied against manufacturing defects for a period of 12 months from the date of purchase.

4.3 Any claim by you which is based on any defect in the quality or condition of The Products or their failure to correspond with specification shall (whether or not delivery is refused by you) be notified to the Company within ten working days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and you do not notify us accordingly, you shall not be entitled to reject The Products and we shall have no liability for such defect or failure, and you shall be bound to pay the price as if The Products had been delivered in accordance with The Contract.

4.4 Where a defect to your item is apparent on immediate inspection it must be reported to us within two working days of receipt.

4.5 Notification of any defect or warranty claim must be made via email to: support@irissmedical.com.

5 Internet Services Liability Disclaimer

5.1 We do not extend or express any warranties or representations as to the quality of The Services. We offer The Services on an “as is basis” and we do not accept responsibility for any use of or reliance on The Services, or for any disruptions to or delays in the associated services.

5.2 We limit our liability to the maximum extent permissible under applicable law. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any of the following types of loss or damage, whether in contract, tort (including negligence) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; (v) loss or corruption of, or damage to, data, systems or programs; or (vi) any indirect or consequential loss or damage howsoever caused.

5.3 Without prejudice to the foregoing provisions of this clause 5, if you are dissatisfied with any aspect of The Services, or with any clause of these Terms, as your sole and exclusive remedy you may discontinue using the Services.

6 Software Application Subscriptions, Registration and Security

6.1 As part of The Software registration process you must provide IRISS with accurate and complete information. Failure to do so will result in a breach of these Terms and you may not receive the full benefit of your subscription.

6.2 You are responsible for all activity via your account. Distribution of your username and password to others for access to The Products is expressly prohibited and shall constitute a breach of these Terms. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies.

6.3 The subscription is not confirmed until payment has been validated and the sum is credited to IRISS. The acceptance of The Contract by checking the box during the subscription process has the same value as a handwritten signature. At the same time, you complete the subscription process you will be sent a confirmation email recalling the terms and conditions of your subscription and your subscription will then commence. It is recommended that you keep this email and/or print it out. Subscriptions are continuous. This means that once you have become a subscribing member, you accept that your subscription will be automatically renewed from one subscription period to the next at the then applicable rate and your credit/debit card will be charged based on the subscription package (annual, quarterly, monthly, etc.) you have accepted. Charges should be processed within 24 hours after the subscription request has been submitted by you.

6.4 By purchasing a subscription, you confirm that you are the holder of the payment card or account from which payment will be taken and/or are authorised to use that payment card or account for the transaction and any renewals.

6.5 Subscriptions automatically renew unless the auto-renew function is turned off at least 24 hours before the end of the current period.

6.6 No cancellation of the current subscription is allowed during the subscription period.

7 Assignment

We reserve the right to assign or transfer our rights and obligations under these Terms to any person who agrees to assume and comply with all the obligations set out in these Terms in circumstances that will not affect your rights or our obligations under these Terms. These Terms are personal to you and, as a result, you may not without the written consent of IRISS, assign or transfer any of your rights and obligations under these Terms.

8 Modifications to these Terms and the Service

IRISS may modify these Terms (including any of the terms incorporated by reference herein) or The Products at any time in order to take account of changes to user preferences, the Internet economy, applicable laws and industry practices or for any other reason. Changes will be notified by email where possible. If you do not accept these updated Terms or do not wish to be bound by changes following posted notices, you should discontinue use of The Products.

9 Miscellaneous

9.1 These Terms and any disputes arising out of or relating to these Terms or The Products shall, to the extent permitted by law, be governed by and construed in accordance with the laws of England and subject to jurisdiction of the courts of England. Your mandatory, statutory consumer rights, including in relation to court jurisdiction, shall be unaffected.

9.2 In the event that any term of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall remain valid and enforceable. We can replace ay term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.

9.3 Any failure by us to enforce any term of these Terms shall not affect our right to require such performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these Terms be taken to be a waiver of the provision or provisions itself.

9.4 You agree to indemnify IRISS against all liabilities, claims and expenses that we incur or suffer as a result of any breach of these Terms by you or otherwise as a result of your unauthorised use of The Products.

9.5 Official correspondence must be sent via postal mail to:

IRISS Medical Technologies Limited
Acre House
11-15 William Road
London
NW1 3ER
United Kingdom

9.6 These Terms, including any terms, conditions and policies expressly referenced herein, shall constitute the complete understanding and agreement between you and IRISS. Except in respect of liability that cannot be limited or excluded under applicable law, you acknowledge that you have not relied on any representation, warranty, condition or undertaking apart from those (if any) expressly set out herein.

23 September 2016