Terms & Conditions
TERMS AND CONDITIONS
[Revised: December 16, 2020]
BY REGISTERING TO AND USING THIS APPLICATION PLATFORM AND/OR VIDEOS OWNED AND MANAGED BY MICROTECH, YOU AGREE TO BE IMMEDIATELY BOUND BY THESE TERMS AND CONDITIONS.
GENERAL TERMS AND CONDITIONS
This Agreement (the “Agreement”) governs your use of Microtech application platform and/or its Congress videos.
This Agreement includes the policies and guidelines identified below, and which policies and guidelines are herein incorporated by reference.
Microtech may impose the payment of applicable deposit and/or fees (the “Fees”) for use of the Microtech applications platforms except as may otherwise be agreed. Microtech may, upon written notice to you, increase or update the required deposit and/or applicable Fees. Where applicable, should you fail to maintain the required deposit and pay the Fees, Microtech may cause the termination or cancellation of this Agreement or your use of the applications platform and/or videos without need of further notice.
Microtech reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement. Microtech will notify you that changes, or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted.
Your continued use of the applications platform and/or videos following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions, including the applicable Fees and requirements that may now or hereafter be imposed by Microtech from time to time.
If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the applications platform and/or videos.
If you would like to print this Agreement, please click the print button on your browser toolbar.
DISCLAIMER OF WARRANTIES BY PSCRS
Your use of this application platform and/or videos is at your sole risk. The instructional and surgical videos are intended to share and teach techniques that could improve and augment the skills of ophthalmic surgeons but should not be used as a substitute to supervised learning and training by mentors or experts in the field.
Microtech and the authors of the videos cannot be held liable for any damage or harm to patients or to the practice of the surgeons who choose to apply what they have learned. Surgeons who wish to apply the techniques or instructions in the videos must do so with the usual prudence and care with the welfare of patients in mind. PSCRS is a neutral teaching platform that neither espouses nor promotes the featured techniques as the exclusive and correct way of performing them.
The videos are offered on an “as is” and “as available” basis. PSCRS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of fitness for a particular purpose and non-infringement with respect to the content, or any reliance upon or use of the content.
LIMITATION OF LIABILITY
PSCRS’s entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the content and/or for any breach of this agreement is solely limited to the amount, if any, you paid to PSCRS.
PSCRS will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement, including liabilities resulting from (1) the use or the inability to use the video contents; (2) any lost revenues; or (3) any loss or damage arising from possible data breach while using its application platform.
You will release, indemnify, defend and hold harmless PSCRS, and any of its agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney’s fees and expenses, of third parties relating to or arising out of:
(1) this agreement or the breach of your warranties, representations and obligations under this agreement;
(2) the video content or your use of the content;
(3) any intellectual property or other proprietary right of any person or entity;
(4) your violation of any provision of this agreement; or
(5) any information or data you supplied to PSCRS.
When PSCRS is threatened with suit or sued by a third party, PSCRS may seek written assurances from you concerning your promise to indemnify PSCRS; your failure to provide such assurances may be considered by PSCRS to be a material breach of this agreement.
PSCRS will have the right to participate in any defense by you against a third-party claim related to your use of any of the video content, with counsel of PSCRS choice at its expense. PSCRS will reasonably cooperate in any defense by you against a third-party claim at your request and expense. You will have the sole responsibility to defend PSCRS against any claim; however, any related settlement shall require prior written consent from PSCRS.
The terms of this provision will survive any termination or cancellation of this agreement or your use of the application platform and/or videos.
PSCRS believes strongly in protecting user privacy and providing you with notice of PSCRS’s use of data. In the course of your use of our application platform, PSCRS will process Personal Information and Sensitive Personal Information relating to you and/or your legal representative for contact information. Such processing of Personal Data may include its collection, recording, retrieval, use, retention, and disposal/destruction. Personal Data may include birthdate, address, nationality, sex, religion affiliation, contact information, and other information which are relevant for the purpose of your use of our application platform.
With said use, you are giving your consent to the following:
- Making your Personal Data available for PSCRS, its affiliates, related entities and partners to permit them to make your personal data available to (a) third parties who provide products and services to PSCRS and related entities for the same purpose as described above, and (b) to other third parties where required or permitted by law or contract, including regulatory authorities, and government agencies.
- The processing of your Personal Data, as provided under applicable laws, regulations, and PSCRS’ policies and guidelines. The Personal Data must be used to comply with the legitimate purpose(s), including availment of other services provided for by PSCRS.
- The processing of your Personal Data for research and education, profiling, historical or scientific purpose, as well as to generate statistical data relevant to PSCRS’ operation in order to aid its management team, board of directors and shareholders to review and analyze data relating to its operations and financial performance.
In fine, in order to comply with PSCRS’ obligations under relevant laws, it reserves the right to ask for further information or evidence relating to the purpose of a transaction using this application platform. In this connection, you hereby authorize PSCRS and/or any of its agents to disclose to third parties any and all information you have provided and consent to the use and processing of such information by PSCRS and/or any of its agents or third parties with the transaction or any investigation in relation thereto.
You also warrant that, before providing us with the Personal Data of your legal representative, you have obtained their consent to: (a) you collecting their Personal Data; (b) you sharing the same with PSCRS and related entities and the third parties that PSCRS and related entities are dealing with as provided above; and (c) the processing of their Personal Data by PSCRS and related entities and third parties as provided herein, and for the purpose stated herein.
The Personal Data you provide will be retained by PSCRS and related entities as prescribed by the law, or as long as necessary for the purpose of maintaining your records and to comply with applicable laws, rules and regulations.
You and your legal representative are entitled to certain rights in relation to the Personal Data that may be collected from you and your legal representative, including the right to access, correction and to object to the processing of the same. A more detailed description of your rights under the Philippine Data Privacy Act of 2012, and its implementing rules and regulations may be accessed and downloaded at https://privacy.gov.ph
AGREEMENT TO BE BOUND
By registering to and/or using this application platform, you acknowledge that you have carefully read, understood, conformed to and agreed to be bound by the terms of this Agreement. You further acknowledge that you are aware of the risks relating to the availment and use of this application platform.
PSCRS reserves the right, in its absolute discretion, to suspend and/or terminate your account or this Agreement immediately without prior notice on the following grounds:
- You commit a breach or violates any provision, term, condition, or obligation under this Agreement which is incapable of remedy;
- You fail to perform or comply, in a material respect, with any provision, term, condition, or obligation contained in this Agreement or any other documents executed or submitted in connection herewith which is remediable but continues to be unremedied for a period of thirty (30) days after receipt of a notice from PSCRS;
- Your breach of any provision, term, or condition of this Agreement results or will result in considerable losses and/or risks on the part of PSCRS, in its sole determination;
- Your use of the application platform poses a security threat;
- You provided any information that is untrue, inaccurate, not current or incomplete;
- Your use of the application platform constitutes a violation of law;
- In the opinion of PSCRS, you used or is suspected to have used the application platform for fraudulent, criminal or unlawful activities; or
- Such other analogous instances which in PSCRS’ sole determination would warrant immediate termination of your account or this Agreement.
With this authority of PSCRS to suspend and/or block your account or this Agreement, you shall hold PSCRS free and harmless against any and all consequences of such suspension, blocking and/or termination, or against any loss or damage, of whatever kind or nature, which you may suffer as a result thereof.
Confidential information received by a party from the other shall be kept strictly confidential for the duration of this Agreement and after three (3) years from its termination.
On the part of PSCRS, it shall undertake (a) that emails and other information gathered in the process of registration and use of the videos shall remain confidential and will not be shared with third parties including the sponsors; (b) to keep videos that features actual patients who are not identified or, if not possible, used / identified only with the express consent of the patient and presentor; and (c) not to collect or keep confidential information in its database except temporarily if needed for processing transactions or payments.
Confidential information shall be disclosed to third parties only with the prior written consent from PSCRS and shall be used only for the purpose for which it was disclosed. However, confidentiality shall not apply to the following:
- Information available from generally public sources other than as a result of a breach of this Agreement;
- Information received from a third party with a lawful right to disclose such information;
- Information which the parties specifically agree upon in writing prior to the time of disclosure as not subject to this provision;
- Information required by law or required to be submitted to government regulatory agencies; and
- Information disclosed under legal compulsion, provided that the party under legal compulsion shall have previously advised the other party of such disclosure and consulted in good faith as to the scope of the disclosure.
Force Majeure. PSCRS will not be deemed in default hereunder or be held responsible and/or liable for any loss or damage, of whatever kind or nature, which you may suffer as a direct or indirect result of the failure on the part of PSCRS to fulfill and/or comply with its obligation under this contract if said fulfillment and/or compliance were prevented, hindered, delayed or rendered impossible by reason of circumstances or events beyond the reasonable control of PSCRS, including but not limited to acts of God, acts of any governmental authority, war, rebellion, terrorism, armed conflict, epidemic, riots, strikes, lockout, boycott and/or other labor disputes or disturbance, accident, earthquake, flood, fire, storm, natural disaster, loss or malfunction of utilities or facilities, power outages, electrical or mechanical failure, computer hardware or software failure, system failure or system downtime, network or telecommunication failure, or other related circumstances affecting the capability of PSCRS to fulfill and/or comply with its obligations herein.
Entire Agreement. This Agreement comprises the entire agreement between you and PSCRS and supersedes any prior agreements pertaining to the subject matter contained herein.
Cumulative Rights. All rights granted herein to PSCRS shall not be exclusive and shall be in addition to all the rights that may be granted to it by existing laws as well as pertinent rules and regulations.
Effect of Waiver. The failure of PSCRS to exercise or enforce any right or provision of this Agreement or to exercise any option herein conferred, in any one or more instances, shall not be construed as a waiver or relinquishment, to any extent, of the right to assert or rely upon such terms, provisions, or options on any future occasion.
Capacity to Enter Agreement. Each party hereby warrants that it is duly capacitated to enter into this contract with representatives duly authorized for the purpose, and that all conditions precedent are all duly met and/or accomplished.
Separability of Provisions. In the event that any term of this contract is in conflict with any rule of law or is otherwise unenforceable under the laws or regulations of the government or any subdivision thereof, such term shall be deemed stricken from this contract, but such invalidity or unenforceability shall not invalidate or render unenforceable the remainder of this Agreement.
Governing Law; Jurisdiction. This Agreement will be governed by the laws of the Philippines without regard to its conflict of law principles to the contrary.
Termination. Following termination, you will not be permitted to use the application platform. If your access to the application is terminated, PSCRS reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the application. This Agreement will survive indefinitely unless and until PSCRS decides, in its sole discretion and without advanced notice, to terminate it.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. PSCRS may assign its rights and obligations under this Agreement in its sole discretion and without advanced notice to you.