EYEMEASURE APP TERMS AND CONDITIONS

In these terms and conditions, “we” “us” and “our” refers to Dotty Digital Pty Ltd.  Your access to and use of all information on this website ‘dotty.com.au’ including purchase of our service/s is provided subject to the following terms and conditions. 

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.  We therefore recommend that each time you access our website you read these terms and conditions.

App Access

1. When you use EyeMeasure app, we give you a limited licence to access and use our information and system for commercial or personal use.

2.Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this app without our prior written permission.

3.The licence to access and use the information on our app does not include the right to use any data mining robots or other extraction

 

App use cases and limitations

4.EyeMeasure is an app for measuring the Pupillary Distance using the TrueDepth API on the iPhone X. Dotty takes no responsibility for the accuracy or the results or the subsequent use of this data.

5. EyeMeasure is provided as a fun app which measures your eye distance which may be of similar accuracy to home methods of measuring. Dotty welcomes consumers to compare our app with other measuring devices and use the results as a guide only.

6.Dotty does not guarantee the accuracy of any results for medical use. 

Privacy

7. Eye Measure is an app for measuring the Pupillary Distance using the TrueDepth API on the iPhone X.  EyeMeasure is a completely self-contained app with no connection to external API’s of any kind. 

8. No user data is stored on the device or transmitted to the external devices other than if the user specifically chooses to share a screen shot with the measurement results.

9.The screenshot shared from the application only contains an image, no depth or other information is written to metadata of the image.

Hyperlinks

10. This app may in the future contain hyperlinks to other websites.  Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

11. You may deep link to our app without our consent.  Any such linking will be entirely your responsibility and at your expense. 

Intellectual Property Rights

12.The copyright to all content on this app including graphics, images, layouts and text belongs to us or we have a licence to use those materials.

13.All trade marks, brands and logos generally identified either with the symbols TM or ® which are used in this app are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

14.Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through the app becomes our property.  If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use.  Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

15.If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Disclaimers

16.Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.

17.To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. 

18.We also take all due care in ensuring that our app is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your device which arises in connection with your use of our app or any linked website.

Statutory Guarantees and Warranties to Consumers

19.Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer.  Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees.  Attached to the Standard Terms and Conditions are:-

a. Schedule 2 of the C&C Act; and

b. those statutory guarantees, all of which are given by us to you if you are a consumer.

20.If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-

a. We will repair or replace the goods or any part of them that is defective; or

b. Provide again or rectify any services or part of them that are defective; or

c. Wholly or partly recompense you if they are defective.

21. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act.  In that regard:-

a. If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.

b. If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data. 

c. If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired.  We also give you notice that we may use in the repair of your goods, refurbished parts.

Limitation of Liability

22.If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you.  If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights.  If you are not a consumer:-

a. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.

b. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.

c.We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.

d. We do not participate in any way in the transactions between our users.

Indemnity

23.By accessing our app, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our app or relating to data loss in the event of an account being terminated or ceased. 

Jurisdiction

24.These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales, Australia and you agree to submit to the jurisdiction of those Courts.

25.If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

26.We undertake to take all due care with any information which you may provide to us when accessing our app. However we do not warrant and cannot ensure the security of any information which you may provide to us.  Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

27. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.