This is an agreement between you (“You”) and Eye & Retina Surgeons (“ERS”) regarding your use of the Eye & Retina Surgeons (ERS) website located at ers.clinic (the “Website”). Your acceptance of the terms of this Agreement takes effect by your continued use of the Website.
- 1. Ownership And Copyright
You agree that any and all information, content, graphics, webpages, text, files, company names, trade-marks, logos and trade names contained on the Website (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of Eye & Retina Surgeons (ERS), or its licensors, as the case may be.
- 2. Permitted Use
Eye & Retina Surgeons (ERS) hereby grants to You a personal, non-transferable and non-exclusive license to access, read and download one copy of the Content.
- 3. Restrictions On Use
You agree that You will not:
1. distribute the Content for any purpose including without limitation compiling an internal database,
redistributing or reproducing the Content in any medium; or
2. create derivative works of, reverse engineer, adapt, translate, modify, copy, sell, transfer, host,
publish, make available to any person or otherwise use, either directly or indirectly, the Content in
whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise.
You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary
rights of Eye & Retina Surgeons (ERS) or its licensors. The restrictions set out in this Agreement
shall not apply to the limited extent the restrictions are prohibited by applicable law.
- 4. License To Use Your Information
You hereby grant to Eye & Retina Surgeons (ERS) the perpetual, unlimited, royalty-free, world wide,
non-exclusive, irrevocable, transferable license to use any information or other content You provide
on or through this Website, for any purpose whatsoever, subject to the terms of the Website Privacy
Policy. You represent and warrant that you have the right to grant the license set out above.
- 5. Limitations on Liability and Disclaimers
There is no guarantee that personal information and transactions on this Website or on the internet
will be maintained confidential and secure. The use of this Website and the Content is at your own
risk and Eye & Retina Surgeons (ERS) assume no liability or responsibility pertaining to the Content,
your use of the Website or the receipt, storage, transmission or other use of your personal
This Website may contain links to other sites. Eye & Retina Surgeons (ERS) does not assume
responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or
statements contained at such sites, and when You access such sites, You are doing so at Your own
risk. In providing links to the other sites, Eye & Retina Surgeons (ERS) is in no way acting as a
publisher or disseminator of the material contained on those other sites and does not seek to
monitor or control such sites.
Eye & Retina Surgeons (ERS) will not be responsible for any damages You or any third-party may suffer
as a result of the transmission, storage or receipt of confidential or proprietary information that
You make or that You expressly or implicitly authorize Eye & Retina Surgeons (ERS) to make, or for
any errors or any changes made to any transmitted, stored or received information. You are solely
responsible for the retrieval and use of the Content. You should apply Your own judgment in making
any use of any Content, including, without limitation, the use of the information as the basis for
any conclusions. The Content may not be accurate, up to date, complete or untampered with, and is
not to be relied upon.
The Content is provided for informational purposes only and should not be interpreted as a
recommendation for any specific product or service, use or course of action. The Content on this
Website is not intended to be used as a substitute of any kind of medical or dental advice. It is
your duty to obtain medical or dental advice from a qualified healthcareprofessional to meet your
healthcare needs. You should not act or rely on any of the content without seeking advice of a
qualified medical or dental professional.
Except as expressly provided in this agreement, this Website and all Content, products, services and
software on this Website or made available through this Website are provided “as is” without any
representations, warranties, guarantees or conditions, of any kind, whether express or implied,
statutory or otherwise, including but not limited to, warranties as to availability, accuracy,
completeness, currentness, reliability, timeliness, legality, suitability, privacy, security,
quality, title, non-infringement or fitness for a particular purpose, or those arising out of a
course of dealing or usage of trade.
In no event will Eye & Retina Surgeons (ERS), its affiliates, agents, licensors, or their respective
directors or employees be liable for any special, indirect, incidental, punitive, exemplary,
aggravated, economic or consequential damages, howsoever caused, including but not limited to:
damages for loss of use, lost profits or lost savings, even if Eye & Retina Surgeons (ERS) or any of
its lawful agents or employees have been advised of the possibility of such damages or claim.
In no event will Eye & Retina Surgeons (ERS), its affiliates, agents, licensors, or their respective
directors or employees, be liable for damages or losses resulting from: viruses, data corruption,
failed messages, transmission errors or problems; telecommunications service providers; links to
third-party Websites; personal injury; third-party content, products or services; damages or losses
caused by you, or your respective employees, agents or subcontractors; loss of use or lack of
availability of facilities including computer resources, routers and stored data; the use or
inability to use this Website or the Ccontent; any other website accessed to or from this Website;
or events beyond the reasonable control of Eye & Retina Surgeons (ERS)s even if Eye & Retina Surgeons
(ERS) or any of its lawful agents, or employees have been advised of the possibility of such damages
In no case will Eye & Retina Surgeons (ERS), its affiliates’, agents’, licensors’, and their
respective directors’ and employees’ cumulative total liability arising under any cause whatsoever
(including without limitation breach of contract, tort, negligence, gross negligence, or otherwise)
be for more than the amount, if any, paid by you under this agreement to access this Website, in the
year in which the claim arose.
Eye & Retina Surgeons (ERS) assumes no obligation to update the Content on this Website. The Content
may be changed without notice to you. Eye & Retina Surgeons (ERS) disclaim any liability for
unauthorized use or reproduction of any portion of the Website.
- 6. Termination
This Agreement is effective until terminated by Eye & Retina Surgeons (ERS), with or without cause, in
Eye & Retina Surgeons (ERS)’ sole and unfettered discretion. Eye & Retina Surgeons (ERS) may terminate
this Agreement without notice to You if You fail to comply with any of its terms. Any such termination
by Eye & Retina Surgeons (ERS) shall be in addition to and without prejudice to such rights and
remedies as may be available to Eye & Retina Surgeons (ERS), including injunction and other equitable
remedies. The disclaimers, limitations on liability, ownership, termination, Your license to Eye &
Retina Surgeon (ERS), Your warranty and the indemnity provisions of this Agreement shall survive the
termination or expiry of this Agreement.
- 7. Indemnity
You agree at all times to indemnify, defend and hold harmless Eye & Retina Surgeons (ERS), its agents, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Eye & Retina Surgeons (ERS) directly or indirectly in respect of:
- any information or other content You provide on or through this Website or which is sent to Eye & Retina Surgeons (ERS) by e-mail; or
- Your use or misuse of the Content or this Website, including without limitation infringement claims
- 8. Governing Law
Eye & Retina Surgeons (ERS), this Website and the Content (excluding linked websites or content) are
physically located within Singapore. This Agreement will be governed by the laws of Singapore and
shall be treated in all respects as a Singapore contract, without reference to the principles of
conflicts of law. In the event of a dispute, we agree to submit to the non-exclusive jurisdiction of
the Singapore courts.
- 9. Entire Agreement
These terms and conditions and any and all legal notices on this Website constitute the entire
agreement between You and Eye & Retina Surgeons (ERS) with respect to the use of this Website and the
Content. No supplement, modification or amendment to this Agreement and no waiver of any provision
of this Agreement shall be binding on Eye & Retina Surgeons (ERS) unless executed by Eye & Retina
Surgeon (ERS) in writing. No waiver of any of the provisions of this Agreement shall be deemed or
shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver
constitute a continuing waiver unless otherwise expressly provided.
- 10. Severability
Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as
to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall
otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining
provisions of this Agreement or affecting the validity or enforceability of such provision in any
- 11. Enurement
This Agreement shall inure to the benefit of and be binding upon each of the parties and our
respective successors and permitted assigns. You acknowledge having read this Agreement before
accepting it, having the authority to accept this Agreement and having received a copy of this
© Eye & Retina Surgeons (ERS), 2014, Singapore