Terms and Conditions

Eyebou should not be used in the event of an emergency. Please call 999 or go to your nearest Accident and Emergency unit.

1. The Eyebou Connect Service (the “Service”) is owned and provided by Eyebou Limited, a company registered with Companies House (company no 12887393) with address 7 Toriano Mews, London, NW5 2RZ. By registering an account to use the service, you agree to the terms and conditions set forth below which constitutes a binding agreement between you and Eyebou (the “Agreement”). If you do not agree to these terms you should not register an account or use the Service. “You” means you as an individual, unless you are representing an organization in which case “you” means that organization and in which case you warrant that you are authorised to enter into the Agreement on its behalf. Eyebou is the owner of the service used to provide digital eyecare through a computer or smartphone application (the ‘Eyebou Service’) to patients who have downloaded the (‘Eyebou app’). The Eyebou app can be used to book a (Medical Consultation’) with a (‘Licensed Optometrist’) for medical advice which will be provided by a licensed optometrist.
2. Eyebou is not a licensed healthcare provider and takes no responsibility for the content or quality of medical advice provided within or in connection with a Medical Consultation.
3. All Medical Consultations delivered via the Eyebou app are delivered by a Licenced Optometrist.
4. Eyebou will provide you with certain services to support your Medical Consultation.
5. Please note that you must be at least 16 years old to use the Eyebou App.
6. The Medical Consultation will take place and you will be informed, prior to booking, who the Licenced Optometrist is.
7. At the start of the Medical Consultation the Licenced Optometrist will ask you to confirm basic information from your medical record in order to verify your identity and protect the confidentiality of your medical record. If you are unable to answer these questions to the satisfaction of the Licenced Optometrist then your Medical Consultation will be terminated. In this situation, the Licenced Optometrist will advise you on alternative options for seeking care locally.
8. You can use your account to book an appointment for a child that you have parental responsibility for provided that:

   they are aged between 2 and 16 and you are with them during the call.

Your Medical Consultation

1. All optometrists conducting Medical Consultations on the Eyebou App are GOC registered.
2. You will provide the Licensed Optometrist with accurate information as requested and any information which you feel is relevant for them to know.
3. You agree to treat all of our staff and all Licensed Optometrists which you come into contact with, with respect. We do not tolerate any abusive or offensive language or behaviour and reserve the right to terminate your account and block access to the Eyebou app in the event that you are in breach of this.
4. If the Licensed Optometrist determines during your Medical Consultation that you require a referral, this will be sent via secure email
5. You are not, among other things, permitted to record any Eyebou Consultations or take photos or screenshots of the Licensed Optometrist. If you breach these T&Cs, or we suspect that your actions will lead to a breach, then we may take action against you, including terminating the digital video consultations and blocking you from using the Eyebou Services.

Charges

1. If you are using the Pay-as-you-go Service then payment will be made via the Eyebou app before you have the Medical Consultation.

Marketing

1. By registering for an account in the Eyebou app you accept and confirm that your contact details may be used by Eyebou to send offers and information related to the service via email and push notifications. You can opt-out of email marketing and push notifications at any time by changing your settings in the Eyebou App or through the opt out link provided in all marketing communications sent to you.

Cancellation of a video consultation and Refunds

1. If you use our Pay-as-you-go Service then you can cancel your Medical Consultation 24 hours before it starts and receive a full refund. For appointments missed or cancelled after this time unfortunately we cannot provide a refund. For the Pay-as-you-go Service the cost will be refunded at credit in your Eyebou account and you can use this for future appointments. If you wish a bank refund please contact our customer service via the Live Chat on the website or email support@eyebou.com

Eyebou’s Responsibilities

1. 1.Eyebou makes reasonable efforts to keep the information in the Eyebou app up to date but Eyebou does not make any representations, warranties or guarantees, whether express or implied, that the content in the Eyebou app is accurate, complete or up to date. It is provided for general information only and must not be used as a substitute for a healthcare provider's assessment, diagnosis or treatment of any illness or disease.
2. Eyebou does not warrant that the availability of the Eyebou app will be free from disruptions. Disruptions may be caused by a variety of factors including:

   - errors/problems with your hardware/equipment, network, software or errors in -

   - software that is part of a third-party product;

   - other circumstances that you are responsible for;

   - a virus on your device or other security threat; or

   - a circumstance outside of our control.

Disruptions or errors in the Eyebou app’s availability should be reported without delay to Eyebou Support at support@eyebou.com

Your Responsibilities

1. You are responsible for ensuring that all information and contact details provided to us are relevant, correct, and kept up to date. Any changes to information must be reported without delay.
2. You are responsible for all actions relating to the use of your account in the Eyebou app and shall ensure that your account is used in accordance with these T&Cs. Your account may only be used by you and may not be used by, or transferred to, another person. The only exception to this rule are legal guardians who may use their own account on behalf of a child, provided that the child is between the ages of 2 and 16.
3. If you know or suspect that anyone other than yourself has obtained access to your account, you must promptly notify Eyebou Support by emailing support@eyebou.com
4. We do not guarantee that the Eyebou app will be free from faults and we will not be responsible for any damage caused as a result of using the Eyebou app.
5. You must not misuse the Eyebou app by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; attempt to gain unauthorised access to the Eyebou app, the server on which the Eyebou app is stored or any server, computer or database connected to the Eyebou app; or attack the Eyebou app via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Eyebou app will cease immediately.
6. If you are a resident of England then you are permitted to use the Eyebou app outside of the UK but it is then your responsibility to ensure whether this is in accordance with the laws of the country where you are located. We provide our services in accordance with English laws and regulations and cannot guarantee that this will comply with the rules of the country where you are located. If you are not a resident of England, then you must be located in England at the time of your Medical Consultation.

Intellectual Property Rights

1. We own or have a licence to use, all intellectual property rights (including copyright, trade marks etc) in the Eyebou app, the Eyebou Service, the Eyebou website our services and their content (“IPR”).
2. We agree to grant you a limited licence to access and make personal use of the Eyebou app. You must not use our IPR in any other manner, which includes, but is not limited to, copying, distributing or making commercial use of our IPR.
3. You must not reproduce, duplicate, copy, sell or otherwise commercially exploit the Eyebou app or the Eyebou service without our express written consent.
4. You must not use any of our logos or trademarks without our express written permission.

Unauthorised use and information

1. We take all forms of unauthorised use of your account and the Eyebou app in breach of these T&Cs and/or our policy regarding security, ethics, etc. seriously. You are not, among other things, permitted to record any Medical Consultations or take photos or screenshots of the Licensed Optometrist performing the Medical Consultation. If you breach these T&Cs, or we suspect that your actions will lead to a breach, then we may take action against you, including terminating the Medical Consultation and blocking you from the Eyebou app.
2. We reserve the right to, with reasonable prior notice to you, remove information from the Eyebou app, close your account or pursue other measures due to your breach of these T&Cs, to protect the accountability or reputation of the Eyebou app. We also reserve the right to cancel the agreement between us in accordance with clause 19 below.
3. If you have breached these T&Cs or used the Eyebou app in an unlawful or unauthorised manner, you are responsible for compensating us for any damage that results from such actions (including, but not limited to, legal fees and other claims from third parties).

Term and cancellation

1. If you register for the Pay-as-you-go Service, you may at any time cancel your account with immediate effect. In the event of cancellation, we will remove all access to your cancelled account and any stored information relating to you will be processed.
2. If your account has been terminated in accordance with this clause then you must not re-register or register a new account without our express written permission. Please contact Eyebou Support at support@eyebou.com

Product development and changes in T&Cs

1. We reserve the right to change the scope and function of your account and the Eyebou App. Product and service developments could relate to, although not exclusively, layout, content or functions and may entail alterations to these T&Cs. Such changes will be communicated through the Eyebou App and/or via email. The T&Cs in force will be available on the Eyebou App.
2. Updates to the Eyebou App will be made available from time to time and you are required to download these to ensure that you can make use of all functionality within the Eyebou App and that you have accepted the latest version of these T&Cs. You may be prevented from having a Medical Consultation until you have done so.

Inability to deliver the service

1. We may not be able to provide Medical Consultations or otherwise make the Eyebou App available to you in the event that circumstances arise which are outside our control, for example a strike, fire, government authority action, labour disputes, accidents, closures or malfunctions of public communication systems.

Notifications

1. You must provide us the email address and phone number for which you wish to receive confirmations, reminders and other notifications from us. In the event your contact details change, you must notify us of your contact details without delay. Other notifications should be communicated via email.
2. The notification is considered to be delivered:

   a) if sent by email or text message; when delivery to the recipient is confirmed

   b) if sent by pre-paid mail, two days after submission to the post service; or

   c) if sent by courier; upon delivery / acceptance by the recipient.

Complaints

1. If you have any complaints about the services that we provide or a dispute regarding these T&Cs then please submit your complaint to support@eyebou.com

General conditions

1. The agreement between you and us, as set out in these T&Cs, is personal to you and may not be transferred by you to another other person without our express written consent. Only you can enforce these T&Cs, although you can enforce them in respect of a child who has made use of our services in accordance with these T&Cs.
2. We reserve the right to employ sub-suppliers to fulfil our rights and obligations under these T&Cs.