Back to login

Terms and Conditions of Use

  • 1.Scope
    • 1.1.The website (hereinafter also referred to as “platform”) provided by OCULUS Optikgeräte GmbH , Münchholzhäuser Strasse 29, 35582 Wetzlar, Germany (hereinafter also referred to as “OCULUS”) may only be used on the basis of these Terms and Conditions of Use.

      In individual cases, OCULUS may, at its sole discretion, add provisions to, amend or replace the Terms and Conditions of Use. The Terms and Conditions of Use shall be deemed to have been accepted upon login.
    • 1.2.The platform serves as a database for intraocular lenses and their parameters. It forms the basis for the preoperative calculation of the power of intraocular lenses with OCULUS devices. Only companies (hereinafter referred to as “companies”) that produce or sell intraocular lenses and have been given consent by OCULUS may enter or amend their products in this database (see also Section 7, Export control). The companies appoint an employee (hereinafter referred to as “contact person”) who enters the data of the intraocular lenses and acts as a contact person for OCULUS.

      After logging in and accepting the Terms and Conditions of Use, this contact person enters the data of the intraocular lenses.
    • 1.3.With the interests of users in mind, OCULUS reserves the right to modify and supplement the platform design or to discontinue its use altogether.
  • 2.Services
    • 2.1.OCULUS stores certain information in accordance with Section 1.2 on the platform. The information stored on the platform is entered by the contact persons legitimised in Section 1.2 once access has been granted via password.
  • 3.Registration, password
    • 3.1.The platform is password protected. The right to registration by OCULUS is not automatic. OCULUS may, at any time, withdraw the access right to the platform by blocking the access data without having to state any reasons, particularly if
      • a contact person deliberately enters incorrect data pertaining to the company’s products;
      • a contact person deliberately or negligently, once or repeatedly, enters incorrect data in accordance with Section 1.2;
      • these Terms and Conditions or the duty to treat the login data with care, particularly Section 3.4, are violated;
      • the company becomes insolvent;
      • a company is transformed or merged with another company in accordance with national and international law;
      • a company’s product is not delivered in accordance with the applicable national and international regulations for medical devices;
      • the platform is not being used over a long period.
    • 3.2.The user must register truthful information and notify OCULUS immediately of any subsequent changes (insofar as planned: online). The company shall ensure that the email address provided is up to date and functioning so that OCULUS can get in touch with the contact person at any time.
    • 3.3.Once registered, the contact person receives an access code, consisting of user name and password (hereinafter also referred to as “user data”). After accessing the platform for the first time, the password sent by OCULUS must be changed to a password only known to the contact person. The contact person can use the user data for logging into the platform in order to enter the data for the intraocular lenses.
    • 3.4.The company and/or contact person shall ensure that the user data is not made available to third parties. The contact person shall log out after every use of a password-protected area. The company and/or contact person shall notify OCULUS immediately and in writing, or per email, of any incidents of third parties obtaining the user data.
    • 3.5.After receiving notification in accordance with Section 3.4, OCULUS shall block access to the password-protected area with this user data. The block can only be lifted upon OCULUS receiving a special request to do so from the company or after re-registering.
    • 3.6.The company may terminate the contract and/or use if it disagrees with modifications of the platform or amendments to the Terms and Conditions of Use.
  • 4.Rights of use
    • 4.1.Access to the platform is free of charge. The company does not have any claim to the use of the platform.
    • 4.2.The platform, information, software and documentation are protected by copyright law as well as other laws and agreements on intellectual property.
    • 4.3.Apart from this, Sections 69a et seqq. of the Act on Copyright and Related Rights (Urheberrechtsgesetz – UrhG) remain unaffected.
  • 5.Restrictions of use
    • 5.1.When using the platform, the company and/or contact person must not:
      • deliberately or negligently enter incorrect IOL data on the platform;
      • upload, store or distribute contents containing malware, such as viruses, Trojans, computer worms, spying software or other malicious programmes;
      • enter, store or send hyperlinks or contents for which no authorisation has been obtained, particularly if these hyperlinks or contents violate non-disclosure obligations or the law;
      • distribute advertising or uninvited emails (spam) or inaccurate warnings of viruses, malfunctions and similar;
      • copy, duplicate, distribute or make available the platform in any manner whatsoever.
    • 5.2.OCULUS may block access to the platform at any time, regardless of other legal remedies available to OCULUS , in the event of violations against the obligations arising from these Terms and Conditions of Use, particularly those in Sections 3 and 6.
    • 5.3.The company shall ensure that the device is suitable for displaying the website and properly enter, store and transfer the data.
  • 6.Liability for legal and material defects
    • 6.1.OCULUS shall not assume any warranty or liability whatsoever for material or legal defects in connection with the platform contents, particularly for their accuracy, completeness, usability or the lack of third-party rights. This rule shall not apply for acts of malicious intent or fraud nor injury to life, limb and health.
    • 6.2.OCULUS shall not assume any liability whatsoever in all other respects, unless liability is mandatory on the grounds of malicious intent, gross negligence, injury to life, limb and health, the assumption of a guarantee of quality, fraudulent concealment of a defect or violation of material contractual obligations. However, compensation for damages caused by violations of material contractual obligations shall be limited to the typical discernible damage for this type of agreement, except in the event of malicious intent and gross negligence.
    • 6.3.The company shall hold OCULUS harmless of all third-party claims raised against OCULUS on the grounds of IOL data that has been incorrectly entered in accordance with these Terms and Conditions of use. The company shall therefore assume liability for the accuracy of the IOL data it has stored on the platform.
      • The company shall further ensure that the user data is not made available to third parties and shall assume liability for all actions performed using the user data; particularly with regard to third parties. The participant shall hold OCULUS harmless in this respect of all third-party claims.

      The state of medical knowledge is constantly changing due to scientific research and development in medical practice.

      OCULUS therefore shall not assume any liability for the completeness, correctness, accuracy and up-to-dateness of all platform contents. The company shall rather be responsible for its own IOL data stored on the platform.

    • 6.4.The company shall implement suitable security measures, and in particular use virus scanners, to ensure that the data it stored on the platform does not contain any malware.
  • 7.Export controls
    • 7.1.The export of certain commercial goods may be subject to licensing – due to its type, manner of use or final destination. The company shall strictly comply with the relevant export regulations, particularly those of the EU and/or EU member states, as well as the USA.
    • 7.2.The company shall, in particular, check and ensure that
      • licenses have been obtained for the countries to which goods are delivered; and
      • no IOLs are delivered to countries for which no IOL license has been obtained.
  • 8.Additional agreements, place of jurisdiction, governing law
    • 8.1.All additional agreements shall be placed in writing to become effective.
    • 8.2.The place of jurisdiction is Wetzlar, Germany, if the company is a business person within then meaning of the German Commercial Code (Handelsgesetzbuch – HGB).
    • 8.3.OCULUS shall not assume any liability for the information displayed on the platform also being accessible, and potentially also being available and/or permissible for download, outside of Germany. Companies and/or contact persons accessing the platform outside of Germany shall be solely responsible for compliance with the relevant national laws in the country of access. Access to the platform from countries in which its access is illegal is prohibited.
    • 8.4.These Terms and Conditions of Use are governed by German law under exclusion of references to other legislation. All legal disputes arising from, or referring to, these Terms and Conditions of Use and their contents shall also be governed by German law under exclusion of references to other legislations.