1.1 These Terms of Website Use set out the basis on which you can visit and use our websites www.macuprime.ie, www.macuhealtheurope.com and www.macuprime.com (together referred to as the Website) whether as a guest or registered user. Please read them carefully as they contain important information.
1.2 The Website is operated by MacuHealth Limited (MacuHealth, our, we or us). The Company is a private limited company, incorporated under the laws of Ireland under registered number 647218 and having its registered address at Business Service Group, 7a Durands Court, 45 Parnell Street, Waterford, X91 P381.
1.3 Use of this Website constitutes your acceptance of these Terms of Website Use which take effect when you first use the Website and are applicable to any subsequent or further use of the Website.
1.5 Goods purchased via the Website are purchased from our distribution partner WMO Healthcare Limited and subject to the WMO Healthcare Limited Supply Terms.
1.7 We reserve the right to change these Terms of Website Use from time to time. Any such changes will take effect when posted on the Website.
1.9 If you wish to subscribe to our Newsletter Service, we ask for contact information such as name, email address and delivery address. You warrant on registration that the personal information which you are required to provide is true, accurate, current and complete in all respects. If any of your details change you will notify us at your earliest convenience either through updating the new details in ‘my account’ or by contacting the customer services team by email at [email protected].
2. ACCESSING OUR WEBSITE
2.1 Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if, for any reason, our Website is unavailable at any time for any period.
2.2 We may, from time to time make available services on the Website which require registration. Information that you provide on this Website must be complete and accurate. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
2.3 Subsequent access to such services shall require input of appropriate account and password details (Login Details). You are responsible for maintaining the confidentiality of your Login Details and any activities that occur under your account. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your Login Details. In the event that you have any concerns regarding your Login Details or become aware of any misuse then you should inform us immediately by contacting our customer services team by email at [email protected]. If, in our opinion, you have failed to comply with any of the provisions of these Terms of Website Use, or for any other reason, we may suspend and/or deactivate your account at any time, which will mean that your Login Details will no longer provide access to your account. MacuHealth will let you know if it does this using the contact details you provided.
2.4 You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Website Use, and that they comply with them.
2.5 You may only use our Website for lawful purposes and you agree that:
2.5.1 you will not use our Website in any way that breaches any applicable local, national or international law or regulation;
2.5.2 you will not use our Website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
2.5.3 you will not use our Website to upload, post or otherwise transmit any unauthorised advertising, promotional materials, ‘junk mail’ or spam or any form of solicitation;
2.5.4 you will not use our Website to introduce or transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, or other harmful material or similar computer code designed to adversely affect the operation of any computer software or hardware;
2.5.5 you will not access without authority, interfere with, damage or disrupt any part of our Website, any equipment or network on which our Website is stored, any software used in the provision of our Website, or any equipment or network or software owned or used by any third party.
2.6 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
3. WARRANTIES AND LIABILITY
3.1 The material displayed on our Website is provided ‘as is’ and ‘as availalble’ without any guarantees, conditions or warranties as to its accuracy or relevance, to the extent permitted by law. We and third parties connected to us hereby expressly exclude:
3.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
3.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill; and
(g) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
3.2 Nothing in these Terms of Website Use excludes or limits liability for death or personal injury arising from our negligence or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability, which cannot be excluded or limited under applicable law.
3.3 The information contained in the material in this Website is only for information purposes. By permitting the use of this Website, we do not hold ourselves out as providing any medical, legal, financial or other advice. We also do not make any recommendation or endorsement as to any service or product or to any material submitted by third parties or linked to this Website. The material on our Website does not constitute advice and you should not rely on any material in this Website to make (or refrain from making) any decision or take (or refrain from taking) any action.
3.4 We cannot guarantee that the Website will always be available, reliable, free from technical inaccuracies and typographical errors or other types of error. Further, we may review the content of the Website to keep it up to date, but we cannot guarantee that it will always be up to date. We do not make any other promises or warranties about the Website. If the need arises, we may suspend access to the Website, or close it indefinitely.
3.5 This Website may also contain links to other websites and resources which are not under the control of and are not maintained by us. We have no control over such websites and resources and provide these links for your convenience only but do not necessarily endorse the material on these websites. Your visiting of any external websites via links from this Website is entirely at your own risk. Where it is possible for you to transact through any linked website with a third party, such transactions shall be (and any rights and obligations shall arise) solely between you and the third party. Therefore, you should ensure that you carefully read the terms and conditions for the accessing and use of such websites and resources and, if you suffer losses as a result of accessing and/or using such third party websites and resources, you must claim against the third party and not us.
3.6 Unless otherwise specified, the materials on the Website are directed solely at those who access this website from Ireland. We make no representation that any products or services referred to in the materials on this Website are appropriate for use, or available, in other locations. Those who choose to access this Website from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
4.1 You agree to indemnify and hold us, our parent, subsidiaries, affiliates, officers and employees, harmless from any claims, damages, expenses, liabilities, costs or demands, including legal expenses, made or brought by any third party due to or arising out of:
(a) your use of the Website or any part thereof;
(b) the violation of these Terms or any provision therein by you,
(c) any intellectual property rights of any person or entity.
5. INTELLECTUAL PROPERTY
5.1 Unless otherwise specified, all intellectual property rights in our Website and in the material published on it are owned by or licensed to MacuHealth Limited. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2 Unless otherwise specified, the authors of the literary and artistic works in the pages in this Website have asserted their moral right pursuant to Chapter 7 of the Copyright and Related Rights Act 2000 (and such analogous provisions of legislation in all other jurisdictions in which the Website is available to access) be identified as the author of those works. Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.
5.3 MacuHealth®, MacuPrime® and all references to these names are trade marks or registered trade marks of MacuHealth Limited and/or MacuHealth LP. The Website’s graphics, logos, page headers, button icons, scripts and service names are our trade marks or trade dress. Our trade marks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us. All other trade marks not owned by us that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
5.4 Except as stated in this condition 5.4, the contents of this Website may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, posted, re-posted or transmitted in any form or by any means without our prior express written permission. You may not distribute, display or copy any of the contents of the pages contained in this Website to third parties including, but not limited to, “caching” any material on this Website for access by third parties and “mirroring” any material on this Website. You may print off one copy of the contents of an individual page of this Website for the purpose of private and personal non-commercial use.
5.5 You must not modify the copies of any material you have printed off in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
6. If you submit comments or content of any nature whatsoever (hereafter referred to as User Content) to us, you agree and warrant that you created the User Content or have received permission from, or are duly authorised by, the owner of any part of the User Content to do so.
7. JURISDICTION AND APPLICABLE LAW
7.1 These Terms of Website Use 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) shall be governed by and construed in all respects in accordance with Irish law and the parties hereby submit to the exclusive jurisdiction of the Irish courts, although we retain the right to bring proceedings against you for breach of these Terms of Website Use in your country of residence or any other relevant country.
7.2 Where national regulatory authorities have jurisdiction over the contents of this Website, we have attempted to ensure compliance with the requirements of such regulatory body. However, some of the information in the pages contained in this Website is not to be accessed from certain jurisdictions and no representation or warranty is made as to whether the information available in this Website complies with the regulatory regime of countries from which the pages in this Website should not be accessed.
8. COMPLAINTS AND CONCERNS
8.1 If you have any concerns about material on our Website, you should first email the Customer Service Department at [email protected].