SMART OPTOMETRY Software solutions for optometry d.o.o. (“SMART OPTOMETRY”) provides its services through www.smart-optometry.com and any ther website for which SMART OPTOMETRY owns the domain registration (the “Site”), its proprietary platform and the services made available by SMART OPTOMETRY therein, including mobile applications, software and data connectivity and storage services allowing you to use our software running on a supported platform that allow you to access the SMART OPTOMETRY services (collectively, the “Service”) through registered access to account.
1. Acceptance of the TOU YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING THE WEBSITE OR USING THE SERVICE YOU, YOUR HEIRS, AND ASSIGNS (COLLECTIVELY, “YOU”) ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TOU, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SERVICE. If you accept or agree to these TOU on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these TOU and, in such event, “you” and “your” will refer and apply to that company or other legal entity. Certain areas of the Service, including, but not limited to, the areas of the Service through which you may use SMART OPTOMETRY Service, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions (“Product-Specific Terms”). If there is a conflict between these TOU and terms and conditions posted for a specific area of the Service, the Product-Specific Terms will take precedence with respect to your use of or access to that area of the Service.
When you use any Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that SMART OPTOMETRY provides to you electronically satisfy any legal requirement that such communications be in writing.
LIMITATION OF LIABILITY
SMART OPTOMETRY, SMART OPTOMETRY’s affiliates, SMART OPTOMETRY’s licensors or other authorized partners are not responsible for any modification or damage to, or loss of any programs, data, or other information stored by SMART OPTOMETRY and it’s partners, or stored or hosted by SMART OPTOMETRY in connection with a Service SMART OPTOMETRY provides. THE SMART OPTOMETRY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, INCLUDING SOFTWARE AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SMART OPTOMETRY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SMART OPTOMETRY’S ENTIRE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS IS LIMITED TO THE AMOUNTS YOU ACTUALLY PAID TO US UNDER THE TERMS. FURTHER, NEITHER SMART OPTOMETRY NOR SMART OPTOMETRY’S EMPLOYEES ARE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR OTHER DAMAGES, OR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE SERVICE, OR ANY ASSOCIATED EQUIPMENT, COSTS OF COVER, DOWNTIME AND USER TIME, OR FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITIONS, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE SERVICE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE APPLYING TO THE SERVICE IS LIMITED. WE BOTH AGREE ABOUT THESE LIABILITY LIMITATIONS, THAT SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR SPECIFIED OTHER DAMAGES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY, OR MAY NOT FULLY APPLY TO YOU. Software is made available “as is”. SMART OPTOMETRY makes no warranties, conditions (accompanying documentation), as to any matter including (without limitation) performance, results, security, non-infringement, merchantability, integration, quiet enjoyment, features, expectations, satisfactory quality or fitness for any particular purpose.
SMART OPTOMETRY PROVIDES NO WARRANTY REGARDING AND WILL HAVE NO RESPONSIBILITY FOR ANY CLAIM ARAISING OUT OF:
(I) USE OF SOFTWARE IN CONTRARY WITH PROVISIONS OF THIS TERMS AND CONDTIONS OR IT’S PURPOSE
(II) MODIFICATION OF SOFTWARE MADE BY ANYONE OTHER THAN SMART OPTOMETRY UNLESS SMART OPTOMETRY AUTHORISED SUCH MODIFICATION
(III) DAMAGES DUE TO IMPROPER OR SLOPPY USE
(IV) USE OF SOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM OR ANY SOFTWARE OR/AND HARDWARE NOT AUTHORISED OR FORBIDDEN BY SMART OPTOMETRY.
SMART OPTOMETRY PROVIDES NO WARRANTY AND WILL HAVE NO RESPONSIBILITY FOR
(I) OPERATION OF SOFTWARE TO BE UNINTERRUPTED
(II) OPERATION OF SOFTWARE TO BE ERROR FREE
(III) THAT THE FUNCTIONS CONTAINED IN SOFTWARE WILL MEET REQUIREMENTS
(IV) THAT SOFTWARE WILL BE COMPATIBLE WITH ANY SOFTWARE OR HARDWARE, EXCEPT SOFTWARE AND FARWARE AUTHORISED BY SMART OPTOMETRY
SMART OPTOMETRY shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this TOU; and SMART OPTOMETRY ‘s total aggregate liability in contract, including in respect of the indemnity tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this TOU shall be limited to the total amount of___________________-.
NOTICE REGARDING SMART OPTOMETRY SERVICES EQUIPPED WITH SATELLITE OR WIRELESS TECHNOLOGY. Your use of SMART OPTOMETRY Services is dependent on the availability and coverage of wireless networks, telecommunications networks, satellite positioning systems and the Internet, which involve facilities owned and operated by third parties. SMART OPTOMETRY IS NOT RESPONSIBLE FOR THE OPERATION, AVAILABLITY OR FAILURE OF SUCH THIRD PARTY SYSTEMS OR FACILITES OR LOSS OF DATA DUE TO POOR, NONE OR EXTENSIVE LACK OF COVERAGE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMART OPTOMETRY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE.
LICENSE AND INTELLECTUAL PROPERTY
You agree that SMART OPTOMETRY owns all right, title, and interest to all intellectual property and other proprietary rights to anything related to Services, including, but not limited to trademarks, copyrights, prices, data, website content. You shall take reasonable precautions to prevent unauthorized access and use of the Software and documentation by third parties. You can’t let any third party copy, decompile, disassemble, or otherwise reverse-engineer Software, or attempt to do so. You are prohibited from, and shall prevent any third party from, removing, covering, or altering any of our patent, copyright, or trademark notices placed upon, embedded in, or displayed and related materials. SMART OPTOMETRY reserves all rights in webpages and Services not specifically granted to you under these Terms.
SMART OPTOMETRY grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any Service, or its contents; any collection and use of any product listings, descriptions, or prices; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these TOU are reserved and retained by SMART OPTOMETRY or its licensors, suppliers, publishers, rightsholders, or other content providers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SMART OPTOMETRY without express written consent. You may not use any meta tags or any other “hidden text” utilizing SMART OPTOMETRY name or trademarks without the express written consent.
SMART OPTOMETRY Service thereof supplied by SMART OPTOMETRY under these Terms are subject to export controls under the laws and regulations of the Republic of Slovenia (“Slovenia”) and any other applicable countries’ laws and regulations. You shall comply with such laws and regulations governing export, re-export, import, transfer and use of SMART OPTOMETRY Service and will obtain all required Slovenian and other local authorizations, permits, or licenses. SMART OPTOMETRY and you each agree to provide the other information, support documents, and assistance as may reasonably be required by the other in connection with securing authorizations or licenses. You shall not export SMART OPTOMETRY Service without proper and appropriate governmental approvals, necessary for such export or re-export and for the avoidance of doubt it shall be your responsibility to obtain such approvals. You certify that you are not a person with whom SMART OPTOMETRY is prohibited from transacting business under applicable law.You represent that you are not located in any country or on any list where the provision of Service to you would violate applicable law. You also agree not to use or enable use of them for any purposes prohibited by applicable law or export or re-export any SMART OPTOMETRY Service with knowledge that it will be used in the design, development, or use of chemical, biological, nuclear or ballistic weapons or for any other criminal or illegal activity.. Laws and regulations change frequently. It is your responsibility to know the law pertaining to export/import procedures in the country of destination of Service. You shall defend, indemnify, and hold SMART OPTOMETRY harmless against any liability (including attorneys’ fees) arising out of your failure to comply with the terms of this Clause. You also represent and warrant that your officers, employees and agents shall comply with the anti-corruption laws of your resident country and Laws of Republic of Slovenia, so you will not (1) authorize the giving of, offer, or give anything of value to a government official, a political party or party official, a political candidate, or an official of a public international organization for the purpose of obtaining, retaining, or directing business to any person by (i) influencing any act or decision by the recipient or (ii) inducing the recipient to do or omit to do any action in violation of the recipient’s lawful duty or (iii) securing any improper advantage, or (2) authorize the giving of, offer, or give anything of value to any other person with knowledge or firm belief that all or a portion of the payment or gift will be offered, given, or promised, directly or indirectly to a government official, a political party or party official, a political candidate, or an official of a public international organization for the purpose of obtaining, retaining, or directing business.
In the event that any provision of these TOU is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these TOU, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These TOU are effective unless and until terminated by either you or SMART OPTOMETRY. You may terminate these TOU at any time by notifying us that you no longer wish to use SMART OPTOMETRY ‘S Services, or when you cease using SMART OPTOMETRY’S sites. If in SMART OPTOMETRY’S sole judgment you fail, or SMART OPTOMETRY suspects that you have failed to comply with any term or provision of these TOU, SMART OPTOMETRY also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. These TOU and any related Terms and policies operating rules posted by SMART OPTOMETRY on this site or in respect to The Service constitutes the entire agreement and understanding between you and SMART OPTOMETRY and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the TOU). Any ambiguities in the interpretation of these TOU shall not be construed against the drafting party.
These TOU and any related Terms and policies as well as separate agreements whereby SMART OPTOMETRY provides you Services shall be governed by and construed in accordance with the laws of Slovenia, with competent court in Idrija, Slovenia.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the TOU at any time at this page. SMART OPTOMETRY reserves the right, at it’s sole discretion, to update, change or replace any part of these TOU by posting updates and changes to SMART OPTOMETRY’S websites. It is your responsibility to check websites periodically for changes. Your continued use of or access to SMART OPTOMETRY website or the Service following the posting of any changes to these TOU constitutes acceptance of those changes.