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Terms and Conditions
Legal Terms of Use
  1. Overview
    These Terms of Use shall apply to your use of any HSO websites (referred to as "HSO's Websites" and the "Websites") or the HSO Toric Calculator program (hereinafter referred to as the "HTC").

    HSO's Websites and HSO's HTC are owned and operated by Hoya Medical Singapore Pte Ltd, a company registered and based in Singapore, together with its global Hoya Surgical Optics affiliates (collectively, “HSO”). The Websites are designed to provide general information about HSO and its products and services and any information contained in the Websites are for general educational and informational purposes only. Nothing contained on HSO's Websites is intended to offer or be construed as medical advice for the treatment of any illness or disease, or to be a substitute for professional medical advice, diagnosis or treatment. Should you have a medical condition, you are advised to promptly see your healthcare provider. Specific questions pertaining to your medical condition and appropriate treatment should be directed to your healthcare provider. You should never disregard professional medical advice or delay in seeking it because of any information that you have read on HSO's Websites. None of the products or services offered through our Websites represents or warrants that any particular product or service will be safe, effective or appropriate for your specific medical condition. Before using any product or service displayed on the Websites, please consult your healthcare provider.

    In addition, nothing presented here is intended to provide instructions on the use of the products supplied by HSO. For specific information and instruction relating to HSO's products and services, please refer to the instructions, manuals, product labels and other relevant documentation that are supplied with all HSO products.

  2. Acceptance of Terms
    HSO's Websites are offered to you, subject to the following terms, conditions and notices contained or referenced herein (the "Terms of Use"), which govern use of the Websites. By using the Websites, you signify your agreement to the Terms of Use. If you do not agree to all of these Terms of Use, please do not use HSO's Websites and leave the HSO’s Websites immediately. HSO reserves the right, at its discretion, to update or revise the Terms of Use without notice to you. Your continued use of the Websites following the posting of any changes to these Terms of Use constitutes your acceptance of those updates or revisions.

  3. USE OF HTC
    You are entitled to use the HTC in accordance with the Terms of Use set out herein. You may not allow third parties to access the HTC, or use the HTC for any commercial purposes, including without limitation, third-party training, commercial time-sharing, rental or service bureau use. You agree not to download the HTC, or to cause or permit the reverse engineering, disassembly or recompilation of the HTC. HSO retains all title, copyright, and other intellectual and proprietary rights pertaining to the HTC. You do not acquire any rights, express or implied, in the HTC, other than those specified in these Terms of Use.

  4. SERVICES
    Hosting Services. HSO will provide you with access to the online HTC and will provide for the storage or retrieval of your data in connection with use of the HTC (the “User Data”). As the user, you are responsible for obtaining access to the Internet using software and hardware that meets all applicable security requirements.

    By accepting the terms and conditions set out in these Terms of Use, you hereby represent and warrant that you have the rights to all User Data, including the right to upload the User Data to the HTC and disclose the User Data to HSO in connection with your authorized use of the HTC. You agree that your User Data is truthful and accurate and the use of your User Data does not infringe the rights of any third party and you agree to indemnify and hold HSO harmless from any third-party claims of infringement under the same terms and conditions set forth below for HSO's infringement indemnity.

    You agree to grant HSO a worldwide, non-exclusive, irrevocable (for such time as you are using the HTC service) and royalty-free licence to collect, store, retain, host, transmit and make copies of your User Data as is necessary for HSO to provide you with the Hosting Services

  5. HSO's Privacy Policy
    HSO takes the privacy of an individual very seriously and any collection, use, disclosure or processing of personal data by HSO shall be in accordance with the Personal Data Protection Act 2012 of Singapore (the “PDPA”) and HSO's Privacy Policy, which can be found here: Privacy Policy.

    In the course of your use of HSO’s Websites and/or the HTC, you may provide us with information containing personal data relating to you or third party individuals. In doing so, you warrant and represent that you have notified such individuals of the disclosure of their personal data to HSO and of the purposes thereto and obtained the consent of the individuals for such disclosure. You also warrant and represent that such individuals have given their consent to the collection, use, disclosure and/or processing of their personal data by HSO for the purposes set out in these Terms of Use and in our Privacy Policy.

    You also consent to the collection, use, disclosure and/or processing of your personal data, as provided by you from time to time, by HSO for the purposes set out in these Terms of Use and in our Privacy Policy.

    If you provide any information that does not contain personal data via the Websites and/or the HTC, it shall be deemed that the content is not confidential and you agree that HSO shall be free to use such information.

    In addition, if you give any feedback to HSO, (1) your feedback will automatically become the property of HSO, without any compensation to you; (2) HSO may use or redistribute the feedback and their contents for any purpose and in any way; (3) HSO shall be free to use any ideas, concepts, know-how or techniques contained in your feedback for any purpose, (4) there is no obligation for HSO to review the feedback; and (5) there is no obligation to keep any feedback confidential.

  6. Scope of Use
    HSO's Websites and the information contained herein are for general educational and informational purposes only. Any reproduction or copying of any materials or design elements of the Websites without the prior written consent of HSO is strictly prohibited. Requests for permission to reproduce any information contained on the Web sites should be addressed to:

    HOYA Medical Singapore Pte Ltd
    10 Biopolis Road Chromos Building, #04-01 Singapore, 138670
    Singapore

    Notwithstanding the above, HSO authorizes you to make one (1) electronic or paper copy of the information posted on any page on the Websites, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, service marks, and other proprietary notices and legends contained on HSO's Websites. Systematic retrieval of data or other content from the Websites to create or compile, directly or indirectly, a collection, compilation, database or directory without the prior written permission of HSO is prohibited.

  7. Government Regulations
    HSO offers products and services to diagnose, prevent and treat diseases of the head and neck, principally the eye, ear and nose. These products, used by healthcare professionals, are regulated by government agencies in each of the countries in which HSO does business, such as the European Commission, the Therapeutic Goods Administration of Australia, the Health Sciences Authority of Singapore or the Pharmaceuticals and Medical Devices Agency in Japan. Please check with the relevant government agency and regulatory authority for information appropriate in your country.

    HSO's Websites contain information about products which may or may not be available in any particular country, may be available under different trademarks in different countries, and where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries.

    Nothing contained on HSO's Websites should be construed as a promotion or solicitation for any product or for the use of any product in a particular way which is not authorized by any relevant law or regulation in your jurisdiction. Specific questions about the availability and use of products described on HSO's Websites should be directed to the office of your local HSO affiliate.

  8. Links to Third-Party Sites
    HSO's Websites may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of HSO and HSO is not responsible for the contents of any Linked Site, including, without limitation, any link contained on a Linked Site, or any changes or updates to a Linked Site. HSO is providing Linked Sites to you only for your convenience, and the inclusion of such Linked Sites is not an endorsement by HSO in favor of any company offering content, information, Internet services, products or services on the Linked Site. HSO accepts no responsibility for any loss or damage that may arise from your use of or reliance on any content, information, products or services available on or through a Linked Site.

  9. Links from Third-Party Sites
    You may link to HSO's Websites provided you do so in a way that is fair and legal and in accordance with the HSO Web Site Linking Policy.

    HSO reserves the right to withdraw, without notice, your permission to link to HSO’s Websites.

  10. Account, Password, Confidentiality and Security
    You may be required to create an account and password to access portions of HSO's Websites. In doing so, you agree to (a) provide true, accurate, complete and up-to-date information as is necessary for the creation and maintenance of your account, and (b) promptly update such information to ensure that it is true, accurate, complete and up-to-date. In the event that you provide any information that is false, inaccurate, incomplete or outdated, or if HSO has reason to believe that such information is false, inaccurate, incomplete or outdated, HSO reserves the right to suspend or terminate your account and refuse any and all current or future use of HSO’s Websites and/or the HTC.

    Any access, use and activities that occur under your account, including instructions or directions to HSO, shall be deemed by HSO to have been conducted, directed and/or carried out by you and HSO is entitled to rely on such access, use and activities under your account in HSO’s dealings with you. You agree to be fully responsible for all access, use and activities that occur under your account. You are solely responsible for maintaining the confidentiality of your account and password. You must NOT disclose your account and password to anyone. You must NOT leave any computer unattended while logged on to any of HSO's Websites. You agree to immediately notify HSO if you are aware of, or have any reason to believe that your account or passwords have been compromised or have suffered any breach of security, including but not limited to theft, unauthorized access or use, attempted access or use, or tampering. You agree to exit and log out from your account at the end of each session. The account and password must not be transferred from the person that it was issued to. You agree that HSO is not and will not be liable for any loss or damage arising from your failure to comply with the obligations set out in this paragraph 10.

    In the event of a loss of your account or password, a replacement can be obtained from HSO.

  11. No Unlawful or Prohibited Use
    As a condition of your use of HSO's Websites, you warrant that you will not use the Websites for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Websites in any manner that could damage, disable, overburden, or impair the Websites or any user of the Websites, or interfere with any other party's use of the Websites. You may not use any device, software or routine, including, but not limited to, any viruses, trojan horses, worms, time bombs or cancel bots intended to damage or interfere with the proper working of the Websites or to intercept or expropriate any system, data or personal data from the Websites. You also agree that you will not upload, post or transmit any communications or content of any type that (1) infringes or violates any rights of any party, (2) is false, inaccurate, misleading or fraudulent, (3) violates any applicable law, statute, rule or regulation. You will not use the Websites to access any third party sites or cause damage to them.

  12. Intellectual Property
    You acknowledge and agree that all content and information presented to you through the HSO Websites are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by HSO, you agree not to reproduce, copy, transmit, broadcast, modify, rent, lease, loan, sell, distribute or create derivative works based on the Websites in whole or in part. Any rights not expressly granted herein are reserved.

    You shall retain ownership of all your User Data stored or retrieved in connection with use of the HTC, which data shall be subject to the confidentiality provisions set forth below. You agree that the storage, retaining or caching of your User Data is not an infringement of any of your intellectual property rights. You also agree that you will not use the Hosting Services to store any User Data that is subject to the rights of any third parties without first obtaining all required authorizations and rights in writing from such third parties.

  13. Notice of Copyright Infringement
    Notice of claims of copyright infringement on HSO's Web sites and/or the HTC may be sent to the address stipulated above at paragraph 6.

    HSO will take reasonable steps to remove in a timely manner any content which infringes the copyright of any person under the laws of Singapore upon receipt of written notice in a manner consistent with the requirements set forth in Copyright Act (Cap. 63) of Singapore.

    Please note that the Copyright Act provides significant criminal and civil penalties for submitting such a statement falsely and HSO reserves the right to seek any legal remedies for any losses or damages suffered as a result of the submission of such a false statement.

  14. Trademark and Service Mark Rights
    All rights in the product names, company names, trade names, logos, product packaging and designs of all HSO or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to HSO or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on HSO's Websites confers on you any license or right under any trademark of HSO or any third party.

  15. Disclaimer of Warranties
    All materials, information, products and services included in or available through HSO's Websites, including the HTC, are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT.

    HSO has made and will continue to make diligent efforts to include accurate and up-to-date information on the Websites. However, HSO makes no warranties or representations, express or implied, that the information contained or referenced in the Websites is accurate, complete, reliable or correct; that the Websites will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. You agree that all access to and use of the Websites, any Linked Site and the contents thereof are at your own risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

    HSO does not warrant that the HTC will operate in the combinations that you may select for use, that the operation of the HTC will be uninterrupted or error-free, or that all hosted program errors will be corrected.

    HSO also makes no warranties that the Hosting Services, or any User Data stored, uploaded, retained and/or hosted through the Hosting Services will be retrievable, secure and error-free. In the event of any disruptions, outages, and/or system failures, you may not be able to retrieve your User Data. You hereby acknowledge and agree that it is your sole responsibility to create regular backups of your User Data and you agree that you will not hold HSO liable to you or any other third party for any liabilities, costs, expenses, damages and/or losses suffered or incurred as a result of the loss of or damage to your User Data howsoever caused.

  16. Limitation of Liability
    Neither HSO nor any party involved in creating, producing or delivering HSO's Websites, or any Linked Site, shall be liable in any manner whatsoever for:
    1. any direct, incidental, consequential, indirect or punitive damages arising out of your access, use or inability to use the HSO's Websites, the HTC or any Linked Site;
    2. any direct, incidental, consequential, indirect or punitive damages arising out of any errors or omissions in the content of the HSO's Websites, the HTC or any Linked Site;
    3. any loss of or damage to your User Data in the course of your use of the HSO's Websites, the HTC or any Linked Site;
    4. any loss or damage due to any unauthorised access to or use of the HSO’s Websites, the HTC or any Linked Site;
    5. any loss or damage due to any interruption or cessation of transmission of the HSO’s Websites, the HTC or any Linked Site;
    6. any loss or damage due to any bugs, viruses, Trojan horses or similar malware which may be transmitted to or through the HSO’s Websites, the HTC or any Linked Site by any third party;
    7. any loss or damage due to the unauthorized use of your account, password and/or User Data;
    8. any loss of profits, sales, business, or revenue;
    9. loss or corruption of data, information or software;
    10. loss of business opportunity;
    11. loss of anticipated savings;
    12. loss of goodwill;
    13. pure economic loss; or
    14. any indirect or consequential loss.

    HSO reserves the right to alter the content of the Websites in any way (including removing links to any Linked Sites), at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes. In addition, HSO expressly disclaims any and all liability related to, arising from, or connected with a third party Linked Site.

    These limitations apply whether the alleged liability is based in contract, tort, negligence, strict liability, or any other basis, even if HSO has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, HSO's liability in such jurisdictions shall be limited to the maximum extent permitted by law and any exclusion or restriction on liability for death or personal injury arising from HSO's negligence or fraud will not apply if it is prohibited in your jurisdiction.

  17. Indemnification
    You agree to defend, indemnify and hold harmless HSO and its subsidiaries, affiliates, directors, officers, agents, co-branders or other partners and employees from and against any and all liabilities, claims and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of any User Data, information, including personal data, and content that you submit, post on or transmit through the Websites and/or the HTC, your use of the Websites and/or the HTC, your violation of the Terms of Use, your violation of any laws or your violation of any rights of another person or entity.

  18. Choice of Law and Forum
    These Terms of Use, and all matters arising out of or relating to these Terms of Use, shall be governed by the laws of the Republic of Singapore, without giving effect to principles regarding conflicts of laws. You and HSO expressly agree to submit to the exclusive jurisdiction and venue of the courts of Singapore, in all disputes arising out of or relating to the use of the Websites and/or the HTC. Any controversy or claim arising out of or relating to these Terms of Use, or breach thereof, shall be submitted to the following procedure: (a) direct negotiation in a settlement conference to be scheduled as soon as possible after the dispute arises; (b) if no resolution is reached within sixty (60) days of the settlement conference, the parties will submit the dispute to non-binding mediation to the Singapore Mediation Centre under its mediation rules for the time being in force (c) if no settlement is reached within sixty (60) days of the start of mediation, either party may seek legal redress by litigation under exclusive jurisdiction of the courts of Singapore.

  19. Force Majeure
    HSO will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations in relation to the HSO’s Websites and/or the HTC that is caused by any act or event beyond HSO’s reasonable control, including without limitation strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat of war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of public or private transport, activities of hackers, malicious conduct, failure or interruption of any public or private telecommunications networks, power failures or interruption, or failures of any third party service providers (including providers of internet services and telecommunications).

  20. Severability and Integration
    Unless otherwise specified herein, these Terms of Use (together with the documents referred herein) constitute the entire agreement between you and HSO and governs your use of the Websites and/or the HTC, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and HSO. If any portion of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

  21. No Waiver
    The failure of HSO to enforce any provisions of these Terms of Use or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.

  22. Relationship of the Parties
    You agree that no joint venture, partnership, employment, or agency relationship will exist between you and HSO as a result of these Terms of Use or your use of the Websites and/or the HTC. Nothing contained in these Terms of Use is in derogation of HSO's right to comply with any governmental, court and law enforcement requests or requirements relating to your use of the Websites and/or the HTC or information provided to or gathered by HSO with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  23. Assignment
    HSO may assign, delegate, sub-contract or transfer any or all of HSO’s rights and/or obligations under these Terms of Use to any third party. You may not transfer any or all of your rights or obligations under these Terms of Use to any third party.

  24. Rights of Third Parties
    These Terms of Service are entered into between you and HSO. For the avoidance of doubt, a person who is not a party to this Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of the terms of this Terms of Use.

  25. Severability
    Each of the provisions of these Terms of Use operates separately. If any court, relevant authority or other administrative body of competent jurisdiction decides that any of the provisions in these Terms of Use (or part-provision) is unlawful, unenforceable or invalid, the remaining provisions will remain in full force and effect. If any unlawful, unenforceable or invalid provision would be legal, enforceable or valid if some part of it were deleted, the provision shall apply with whatever modification is necessary to make it legal, enforceable or valid.

  26. Termination
    HSO reserves the right, in its sole discretion, to terminate your access to all or part of the Websites and/or the HTC, with or without notice to you. You agree that HSO shall not be liable to you or any third party for any termination of your access to the Websites and/or the HTC.

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