1. About this Device
  • Eyerising Pty Ltd ACN 641 925 206 (“Eyerising”) is a MedTech company which produces a unique device designed to improve eye health (‘Device‘).
  • For the Device to be operational:
    • You must have a registered account with us;
    • Your Device first be registered with us; and
    • You must have selected a Subscription Plan.
  • Once the Device is registered and operational it will when operating send usage data via the internet to us. That usage data is saved on our dedicated server.
  • The usage data of the Device will assist us in enhancing the operational efficiency of the Device overall and potentially your specific use.
  • Please read these terms and conditions (‘Terms‘) carefully. These Terms contain provisions concerning:
  • Your Account registration and Details;
  • Our Privacy Policy;
  • Our Collection Statement;
  • Our Payment process; and
  • Subscription plans.
  1. Acceptance of Terms
  • By completing the account enrolment process this signifies that you have read, understood and agree to be bound by the Terms.
  • If you do not complete the account enrolment process the Device will not operate.
  • We reserve the right to review and change any of the Terms by updating this page at our sole discretion. When we update the Terms, we will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication.
  1. The Registration
  • For the Device to operate you are required to register for an account (the ‘Account‘).
  • As part of the registration process, and/or as part of your continued use of the Device, you are required to provide your:
  • Email address;
  • Preferred username;
  • Mailing address;
  • Telephone number;
  • Password;
  • Select a Subscription Plan;
  • Make payment in accordance with your selected Subscription Plan; and
  • Nominate your Payment Method.
  • You warrant that any information you give to us while completing the registration process will be accurate, correct and up to date.
  • Once you have completed the registration process, you will be registered as the Owner of the Device (‘Owner‘) and you will be bound by the Terms.
  • You must be of a legal age to form a binding contract with us.
  1. Subscription Plans
  • We offer different subscription plans (“Subscription Plans”).
  • A different monthly subscription fee (“Subscription Fee”) applies to each Subscription
  • You must choose your Subscription Plan when you create your Account.
  • If you change your Subscription Plan, we charge your approved Payment Method the appropriate Subscription Fee for the selected Subscription Plan at the commencement of your next monthly subscription period.
  1. Moneyback Guarantee

From time to time, we may offer a money back guarantee. If we offer you a money back guarantee, the specific terms of your money back guarantee will be provided in the marketing materials describing money back guarantee when you purchase. Once the period of your money back guarantee expires, we will charge you for as long as your Subscription Plan continues.

  1. Your obligations as an Owner
  • As an Owner, you agree to comply with the following:
  • you will not share your profile with any other person;
  • you will use the Device only for purposes that are permitted by:
  • the Terms; and
  • any applicable law, regulation or generally accepted practices or guidelines in your jurisdiction;
  • you have sole responsibility for protecting the confidentiality of your password and/or email address;
  • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware;
  • use of your password by any other person may result in the immediate cancellation of your registration;
  • access and use of the Device is limited, non-transferable, and allows for the sole use by you;
  • you will not use the Device in connection with any commercial endeavours except those that are specifically endorsed or approved by us; and
  • you will not use the Device for any illegal and/or unauthorised use.
  1. Upgrades and Outages
  • We may undertake maintenance or upgrades to the Device software from time to time, and there may be unplanned outages such as maintenance, upgrades or outages which may affect your ability to access the Device. We will use our reasonable endeavours to limit such incidents.
  • From time to time, you may be required to upgrade the Software to continue using the Device. If you decline an upgrade, you may not be able to use or access the Device.
  1. Copyright and Intellectual Property
  • The Device and all manuals and written information is subject to copyright.
  • Unless otherwise indicated, all rights (including copyright) (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us.
  • All trademarks, service marks and trade names are owned, registered and/or licensed by us.
  • Nothing you do will transfer any:
  • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright: or
  • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design: or
  • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process):

to you.

  1. Privacy

We take your privacy seriously and any information provided through your use of the Device are subject to our Privacy Policy, which is available at www.xyz.com.au/privacy-policy.

  1. General Disclaimer
  • Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law (or any liability under them) which by law may not be limited or excluded.
  • Subject to this clause, and to the extent permitted by law:
  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
  • we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Device or these Terms (including as a result of not being able to use the Device), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute, any other relevant law, or otherwise.
  • Use of the Device is at your own risk and is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of us make any express or implied representation or warranty about the Device. This includes (but is not restricted to) loss or damage you might suffer because of any of the following:
  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
  • the accuracy, suitability or currency of any information on the Device, or any of its Device (including third party material and advertisements on the Device);
  • costs incurred because of you using the Device.
  1. Limitation of Liability
  • Our total liability arising out of or in connection with the Device or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Device to you.
  • You expressly understand and agree that we shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
  • You acknowledge and agree that we hold no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you because of providing account or usage data to us.
  1. Class Action Waiver

Where permitted under the applicable law and excluding for any matter litigated in a small claims forum, you and we agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, where permitted under the applicable law, unless both you and we agree otherwise, the court may not consolidate more than one person’s claims with your claims nor combine any arbitration with another, and may not otherwise preside over any form of a representative or class proceeding

  1. Termination
  • If you want to terminate the Terms, you may do so by providing us with ### days’ notice of your intention to terminate by sending notice of your intention to terminate us via the ‘Contact Us’ link on our homepage.
  • We may at any time, terminate the Terms with you if:
  • you have breached any provision of the Terms or intend to breach any provision;
  • We are required to do so by law;
  • We are transitioning to no longer providing the Device in the country in which you are resident; or
  • the provision of the Device to you by us is, in our opinion, no longer commercially viable.
  • Subject to local applicable laws, we reserve the right to discontinue or cancel your Subscription at any time and may suspend or deny, in our sole discretion, your access to the Device without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts our name or reputation or violates the rights of those of another party.
  • When the Terms come to an end, all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities
  1. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

  1. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

  1. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

  1. Assignment

We may transfer any or all our rights and/or obligations under the Terms to any person, firm or company provided such transfer does not detrimentally affect your rights under these Terms without your consent. You must not transfer any or all your rights and/or obligations under these Terms to any other person.

  1. Electronic Communications

We may send you information relating to your Account (e.g., payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.