Terms of Service

These Terms of Service (“Terms of Service” or “Terms”) apply to the subscription and use of iGrow platform ("iGrow" or “Platform”) by you (“User” or “You” or “Your”). iGrow is a product of HOYA Surgical Optics GmbH (hereinafter referred to as "HOYA").

For any questions on these Terms of Service please contact HOYA Surgical Optics via [email protected]

Definitions
The following terms shall have the assigned meaning for the purpose of their use in these Terms of Service:
1. “Account” means the user account provided by HOYA following a registration by a Professional.
2. “Content” means any video or other media provided via iGrow.
3. “Personal Data” shall have the meaning as stipulated in article. 4 (1) GDPR.
4. “Professional” is a natural person that is a distributor or employed by a distributor of Our products.
5. “Service” means the provision of access to iGrow and Content on the platform combined.
About our Service
1. iGrow is an educational Platform developed, owned and provided by HOYA. iGrow delivers high-quality educational Content for educational purposes of Professionals.
2. Due to the special Content provided in iGrow, the Service is intended exclusively to be accessed and used by Professionals for educational purposes.
Applicable Terms and Policies, Update of Terms and Policies
1. The following Terms and Policies apply to the use of iGrow:
  1. These Terms of Service, which you accept by creating an account.
  2. The Privacy Statement.
2. We may update these Terms of Service in future. In that case, we will inform You about the specific changes via E-Mail in good time before the new version will be effective. You can accept the revised Terms by continuing to use our Services.
3. We may also update our Privacy Statement from time to time and will inform you accordingly.
Registration and Account
1. Using iGrow requires prior invitation . The Service is designated to Professionals only and registration, access and use is reserved for Professionals.
2. You are obliged to provide accurate information about yourself during the registration process and within the registration form.
3. During registration You will have to set a password, while username will be the E-Mail address provided by You. E-Mail and password will be necessary to log-in to Your account. Before starting to use iGrow, You must confirm Your registration by clicking the confirmation link which will be sent to you via E-Mail. After confirmation Your Account is activated.
Right to Access and Use of Service
1. With a completed registration and creation of an Account, User obtains the right to access the Service and receive the provided Content at any time and as long as the account remains activated.
2. The right to access and use the Service ends temporarily or permanently when the Account is suspended or deleted by HOYA as well as when Account is deleted by the User.
3. Any rights on iGrow or on the provided Content which are not expressly granted herein remain the right of HOYA or the respective rights holders. This means, for example, that using the Service does not grant any intellectual property rights in the Content You may access.
User Obligations and Restrictions of Use
1. Access to and use of the iGrow requires a working Internet connection and up-to-date Internet browser software that supports the technical requirements of the iGrow. It is Your responsibility to ensure that these technical requirements are met in order to be able to use the Service without disruption.
2. You may access and use the Service as made available as long as You comply with these Terms of Service and applicable law.
3. You must ensure to keep Your password to access the Service confidential and protected from unauthorized use by third parties. Passing on account credentials to any other person is not allowed and would be considered a material breach of these Terms.
4. You must keep the Content in strict confidence, undertake all reasonable measures to protect the confidence of the Content, not download it, and not disclose, or otherwise make available, the Content to any third party without obtaining prior written consent of HOYA. You must also use the Content only for the purposes stated in these Terms.
5. You are not allowed to
  1. use the Service for any commercial purposes other than professional self-education or training;
  2. access, reproduce, download, scrape, distribute or redistribute, transmit, broadcast, display, frame, mirror, sell, license, alter, modify or otherwise use the Service or any Content except as permitted by these Terms or a specific feature in the Software, or as permitted by HOYA in advance in writing or by law;
  3. infiltrate the Platform with any malicious program, script, or code, circumvent or disable any security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content, fraudulently engage, or otherwise interfere with the Service (or attempt to do any of the aforesaid);
  4. submit an unreasonable number of requests to our servers or take any other actions to manipulate, interfere with, or attack the Service.
6. Any breach of User obligations or restrictions will be considered as a material breach of these Terms of Service.
Customer Support
HOYA provides customer support service for any questions about iGrow. Inquiries can be made during business hours via the communicated contact details.
Deletion of Account, Termination for Cause
1. You have the right to demand deletion of Your Account at any time without further notice by contacting us at [email protected] .
2. HOYA reserves the right to limit access to Your Account, suspend or terminate your Account if You
  1. materially or repeatedly breach these Terms of Service;
  2. use the Service exceeding the rights of use granted.
3. HOYA may limit access to suspend or delete Your Account if HOYA is required to do so to comply with a legal requirement, a court order, or an administrative order.
4. If Your Account is deleted by HOYA for any reason that allows HOYA to terminate the Account, You may not re-register or create a new account with different credentials.
5. If Access to Your Account shall be limited, or Your Account shall be suspended or deleted by HOYA, We will notify you with the reason for this measure. Where such action is taken for cause, You may have the opportunity to remedy or stop the behavior requiring that measure, unless there are objective and concrete reasons to believe that this would violate the law, would compromise an investigation or would substantially compromise the integrity, operation or security of the Service.
Liability
1. HOYA is liable without limitation for any harm caused by the Service in the event of intent, gross negligence or culpable injury to life, limb or health.
2. Notwithstanding the cases of unlimited liability in accordance with clause 9.1, HOYA is only liable in the event of a slight negligent breach of duty for the breach of essential contractual obligations, the fulfillment of which the contractual partner may regularly rely on (cardinal obligation), but limited to the amount of the foreseeable and contract-typical damage at the time of conclusion of the contract.
3. The above limitations of liability do not apply to liability under the German Product Liability Act (Produkthaftungsgesetz) or within the scope of guarantees given in writing by one of the parties.
4. The regulations in this clause 9 also apply in favor of employees, representatives and bodies of HOYA.
Force majeure
1. HOYA is not liable for any delay or failure to provide the Service caused by events of force majeure that make it significantly more difficult or even impossible for HOYA to provide the Service properly.
2. Force majeure means all circumstances independent of the will and influence of HOYA and User, such as natural disasters, pandemics or epidemics, government measures, decisions by authorities, blockades, war and other military conflicts, terrorist attacks, strikes, lockouts and other labor unrest, embargoes or other circumstances which are unforeseeable, serious and beyond the control of the contracting parties and which occur after the conclusion of this contract.
3. If such an event occurs, HOYA shall inform the Customer, if possible, immediately of the expected impact and of the potential result on the provision of the Service via a message on the Platform.
4. HOYA shall inform the Customer immediately after the end of the event that hindered provision of the Service.
Data protection and data security
Using iGrow requires processing of Personal Data by HOYA. The privacy statement on the use of iGrow explains in detail how and for what purposes personal data is processed when using iGROW.
Final provisions
1. These Terms and its interpretation are subject to the law of the Federal Republic of Germany. The application of the conflict of laws rules of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
2. All disputes arising out of or in connection with these Terms of Service are subject to the exclusive local jurisdiction of the court having jurisdiction over HOYA’s registered office.
3. These Terms constitute the entire and only agreement between HOYA and You concerning access and use of the Service. No verbal collateral agreements have been made and are not valid. Unless otherwise agreed, amendments and additions to this contract must be made in writing in order to be valid. This also applies to the amendment of the written form requirement in this clause 12.3.
4. If and to the extent that individual provisions of this contract are invalid or unenforceable, this does not affect the validity of the remaining provisions. The parties shall replace such provisions with valid and enforceable provisions which come as close as possible to the meaning and economic purpose and the intention of the parties at the time of conclusion of the contract. The same applies in the event of a gap in the contract.