Terms of Use

LAST UPDATED 25-06-2020

These are the Terms of Use of Easee BV (easee). Easee is located at Meeuwenlaan 98-100, 1021 JL Amsterdam, registered with the Amsterdam Chamber of Commerce (Kamer van Koophandel) number: 65846753 and VAT-number: NL856285171B01. If you have any questions, please contact us by email via: [email protected] or by phone: +31 20 262 11 85.

1.  Introduction

These Terms of Use (the “Terms”) describe your rights and responsibilities with regard to the easee online eye exam (the “Exam”) that you may use as part of a coordinated service for the purpose of renewing or updating your eye glasses or contact lens prescription. Therefore, these Terms govern your use of easee’s (“we”, “our” and “us”) online interfaces, software, the website, including easee.online, and properties (e.g. websites and mobile applications) owned and controlled by easee (jointly referred to as the “Site”). In these Terms, the terms “you” and “yours” refer to the person using the Exam.

The personal information you submit to easee (“we”, “our” and “us”) and the Site is governed by the Privacy Policy. To the extent there is an inconsistency between these Terms and the Privacy Policy, these Terms shall govern.

By accessing and using the Exam and/or registering for an account you acknowledge that you have read, understood and agreed to be legally bound by and comply with these Terms and our Privacy Policy. Also all individual users that will be granted access by or with assistance from a third party and/or as part of a coordinated service, will agree and be bound to and comply with the Terms and Privacy Policy. Easee expects you to store a copy of all relevant agreements, contracts and documents, such as these Terms, the Privacy Policy and print such documents when you deem it necessary.

2. The Exam  

General Information

We operate an online eye exam and related website that you may use for the purpose of performing a vision test that allows you to renew your eyewear prescription after validation by an eye care professional. 

When you use the Exam, you will provide us with certain information about yourself by answering a series of questions to determine whether you are eligible to participate in the Exam, performing a series of tasks to, when you would request such, help an eye care professional determine whether to issue you a new eyewear prescription, and/or communicating with us in connection with your use of the Exam or the Site. 

In case you want the full results of the Exam, you may purchase our service, which allow a licensed optometrist or ophthalmologist  (“Eye care professional”) to review your eligibility for the Exam, your test results, and other information about you in order to provide you with a new eyewear prescription (the “Services”). 

The Exam is a class Im medical software, has a CE marking and meets the requirements of the Medical Devices Directive 93/42/EEC. The Health and Youth Care Inspectorate is responsible for the supervision of all relevant legislation in respect of the medical devices which are placed on the Dutch market.

Please note that the Exam and the Services are only available to individuals in Europe between the ages of 16 and 45. The Exam and the Services may not be available in some countries. Easee retains all rights in deciding in which countries and jurisdiction to offer the Exam and Services. Additionally, for users based in the UK,  only local registered optometrists will qualify as an Eye care professional. 

The Exam and the Services are not intended as a substitute for a comprehensive eye health exam. The Exam does not test for eye diseases or abnormalities and, therefore, you should visit your eye doctor at regular intervals for a comprehensive eye exam. We recommend you to take a comprehensive eye exam at least every two years.

Instructions for the use of the Exam

You, following the audio and visual instructions given during the test and answering the questions truthfully, calibrate the computer screen to ensure that all images projected on the screen are standardized in size and brightness. We will then ask you to connect your smartphone to act as a remote control during the test, using therefore your own device to submit answers to a sequence of images and questions about your visual experience. 

The results are calculated based on the answers and on predefined parameters. If you are eligible to purchase the Services, a prescription for contacts or glasses can be calculated by an Eye care professional, such as a licensed optometrist or an ophthalmologist, depending on the legal requirements of your country.  

For an accurate result, we advise you to set your computer, laptop and phone up as follows:

1. Use a computer or laptop with a flat screen and a minimum of 100 DPI resolution, the minimal display size is 18.2cm by 14cm and the brightness of the display should be between 80 and 320 cd/m2.
2. Make sure your screen is placed 30 cm from the edge of the table.
3. Make sure that you are 3 meters away from the screen when taking the test.
4. Use a smartphone.  
5. Make sure to have a good internet connection for both your phone (at least 3G or 4G) and computer.
6. If on, turn off all energy-saving functions on your computer and/or connect it to a power grid.
7. If on, turn off the night mode on your smartphone and/or laptop.
8. Set the brightness of the screen to maximum
9. Set the audio volume to maximum to be able to hear the instructions of the test.
10. Take the Exam in a room with dimmed lights, avoid reflections on the computer screen and other light sources in the field of view.

During the Exam you are personally responsible for following all instructions given, both audible and legible. This includes, for example, covering the correct eye and standing the right distance away from the computer screen. Failure to follow instructions may result in an inaccurate and / or incorrect prescription. In this case, we cannot be held liable for the inaccurate and / or incorrect prescription. Please, in case you do not fully comprehend the instructions given (e.g. because of language limitations) you should not use the Exam. You explicitly agree and guarantee to only give truthful answers during the use of the Exam. 

Restrictions of the Exam – Eligibility

The Exam is available to individuals in Europe between the ages of 16 and 45. The Exam is not for people with presbyopia and/or amblyopia. Also, if you use hard contacts, bifocals, have had eye surgery or laser surgery, have painful or irritated eyes, are pregnant or breastfeeding, or have other certain comorbidities, including diabetes your eligibility for and the results of the online test will be compromised. 

Only refractive errors that meet the following parameters are under the scope of the Exam:

  •   you either use glasses or soft contacts and know your current prescription;
  •  in case you currently use glasses and can use them during parts of the Exam:

1. Single vision glasses (no multifocal or progressive lenses)

  •   in case you use contacts during the Exam:

1.         Myopia: SPH between -10 and -0.25 diopters

2.         Hypermetropia: SPH between +0.25 and 10 diopters

3.         No toric lenses  (for astigmatism)

4.         No hard contacts or overnight lenses.

Prescriptions

If you receive an eyewear prescription as a result of the Exam and the Services, we will email you to inform you that your prescription is ready. We will add the prescription information to your easee account. It is your right to use that prescription to purchase eyeglasses or contact lenses from anywhere you’d like.

By using the Exam, you agree that we may email you to discuss further details of your prescription, such as the need for extra information to help the Eye care professionals to issue an accurate prescription. 

3. Account and Registration

You must register on the Site and agree to the Terms and the Privacy Policy before using the Exam. You guarantee that the information provided by you is correct, true, accurate, current and complete information about yourself. After we have approved the registration, you will receive a personal user account. Persons are required to be 16 years or older to create an account.

You agree to inform us of any unauthorized use of your account information or any possible security breach, including but not limited to incidents involving your password. We explicitly reserve the right to hold you liable for any damage whatsoever resulting from any unauthorized use of your account by a third party. The credentials you choose for your account are confidential. We expect you to keep these details to yourself and not share them with anyone else to log into your account.

When creating an account you ensure and guarantee that the Site and/or Exam will only be used for lawful and correct purposes. You are prohibited from using the Site and/or Exam for any other purpose than using the Exam and/or making use of the Services, subject to these Terms. Should you use the Site or Exam, without making use of the Services, in any unlawful manner or violate the Terms in any way, we reserve the right to terminate or refuse the use of the Site and/or Exam.

4. Your Responsibilities and Acknowledgment

As a condition of your use of the Exam and, if chosen by you, the Services, you agree to the following: 

  • All your information provided through the Exam is accurate, true, current, complete and correct.
  • You are responsible for the technical operation and maintenance of your internet connection, the internal network and all other IT systems that are required for the use of the Exam. We are not responsible for incidents that have to do with one of the aforementioned matters. If you use the Exam unwisely and thereby cause an incident, we can not be held liable.
  •  Your permission to use the Exam is personal (the Exam will be used only by you, and you ensure us hereby that your identification information is accurate and truthful); 
  •  You will strictly follow all instructions provided during the Exam;
  •  You may not use the Exam for anything other than that for which the Exam is intended,
  • If requested, you agree to retake the Exam in whole or in part; and 
  • If requested, you should provide any information to us for the purpose of receiving a renewed contact lens or eye glasses prescription, including your most recent prescription. You may choose not to provide such information, however in that case we cannot provide you with the Exam and/or the Services.

You understand and agree that the provision of the Services depends on the completeness and accuracy of the information you provide to us. We are unable to verify the information that is given. Therefore, we are not responsible for any consequences in case the given and/or submitted information is inaccurate and/or incomplete. 

5. Prices and Payment 

You agree to pay all fees and/or charges related to the Services as published at the time when taking your Exam. Prices of the Services are stated clearly and unambiguously on the Site. When tax or (additional) costs are applicable, such is included in the total price. By entering your payment information, you authorize us and our third party payment processors to charge the amount due and transfer your payment information over various networks.

If you do the test directly via our Site, you can pay directly with the means of payment as stated on the Site: iDeal, credit card, SOFORT, or a voucher code.

You will only be charged for taking your Exam in case you decide to use/purchase the Services, meaning in case you decide to instruct an Eye care professional to provide you with a prescription. If you decide to not use/purchase the Services, your Exam is free of charge. 

If you do the test via one of our partners, the payment method varies. Through some of them, you might be given a voucher code, you might not be charged at all or, in some other cases, the payment process is controlled exclusively by the partner and, therefore, no payment will be made through our Site.  

We do not accept any other means of payment. Should you choose to make your payment by using any other means of payment, easee is not liable or responsible for the consequences of this choice. We reserve the right to change the prices stated on the Site from time to time. Prices are subject to obvious mistakes and typos. The adjusted prices will be applicable from the moment of publication of such prices on the Site. No rights can be derived from prices listed in the past.

6.    Right of withdrawal

By purchasing the Services, the Eye care professional will immediately be instructed to examine your measurement results. Therefore, and in case you purchase the Service you explicitly waive your right of withdrawal, as defined in the relevant EU legislation. This means that at the moment you have clicked on “I agree” to these Terms, you waive your right of withdrawal as well as declare that you have taken note of this and agree to this, such to the fullest and maximum extent permitted by applicable law.

7. Updates 

Easee may update the Exam for maintenance and/or improvement purposes. Therefore, for your information:

  •  We have a helpdesk. You can contact the helpdesk for technical support and for reporting an incident. The helpdesk is available on Monday through Friday from 9 a.m. to 8 p.m and from 10 a.m. to 6 p.m. (CET or CEST) during weekends and holidays. The helpdesk can be reached via [email protected] We will react as soon as possible.
  •  If an incident is caused by a defect in the Exam, we will repair the defect free of charge, unless such is unreasonable for us. Definition of ‘defect’: an error in the software causing the Exam to dysfunction in accordance with the agreements in these Terms (the “Defect”).

8. Changes to the these Terms

We may, at any time, vary, add to or delete any provision of these Terms. You expressly acknowledge and agree that such new terms enter into force with their publication on the Site. You explicitly acknowledge and agree that you will be subject to the Terms in force at the time that you use the Exam and/or Site.

9. Privacy 

We protect your personal data properly and in accordance with the applicable laws and legislations, such as but not limited to the GDPR. We process the personal data provided by you only to enable the Service and to communicate with you. For more information, see the Privacy Policy on our Site.

10. Abuse 

You may not:

  •  (try to) rent, encumber, license or otherwise misuse the Exam
  •   (try to) make a derivative or competitive version of the Exam
  •    give others access to (a backup copy of) the Exam;
  • present incorrect connection with a person or entity;
  • enter non-public / secured areas, or other areas that are not intended for the public, of the Exam; and
  •  send viruses, worms, junk mail, spam, chain letters, unsolicited offers or advertisements or any of the like to the Website, Exam, Services or any ease product or service.

If we  suspect that you do not comply with these Terms, we can deny you access to the Exam or Services.

11. Links to other Websites

The Site may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control, therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. 

 Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with your use of or reliance on information contained in or provided to Linked Sites. 

You may have arrived on the Site through a Linked Site. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms will apply to your use of or access to the Exam. 

12. Where to file a complaint or report a problem

You can contact us for technical support, for reporting an incident and for filing a complaint. If you are not satisfied with the Services or if you have good ideas that could help us to improve our Exam, please send us an email via [email protected] We will reply as soon as possible, and we generally reply within 72 hours after receiving your request. 

13. Intellectual property 

Easee (or its licensors) is the sole and exclusive owner of all rights, titles and interest in and to the Exam and Site with regard to its content, features and functionality (including, but not limited to, all information, software, texts, displays, interfaces, documents, images, drawings, videos, audio, selections, arrangements, creations and look and feel), and all intellectual property rights therein. In case of any suggestion(s), idea(s), content, information and/or other feedback is shared by you, all related intellectual property rights will be transferred to easee or at least a non-exclusive, infinite, royalty-free and unlimited right of use will be granted to ease, to the extent possible under applicable law.

You only have permission to use the Exam for your personal and non-commercial use under the condition that you comply with these Terms, which permission will not be exclusive, nor transferable. No other right, title or interest in or to the Exam and/or Site and/or Services is transferred to you, and all rights not expressly granted are reserved by us or our affiliates. Easee will therefore stay the sole owner of all its intellectual property rights with respect to the Site, Exam, Services, and/or all other related products and/or services.

You may not display, reproduce, or otherwise use the content or materials within the Exam and the Site without first receiving written prior consent from us, given by an authorized person on behalf of Easee.

No one is permitted to remove any intellectual property rights and/or information from the Site, Exam and/or Services or to duplicate, reproduce and/or copy (any part of our) Site, Exam, Services, products and/or other services.  

However, subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to personally use the Exam for the purpose of accessing and using the Exam and the Services in accordance with these Terms.

14. Limitation of Liability

Any liability of easee, whether direct, indirect, immaterial or consequential, resulting from the use of the Services, Site and/ or taking the Exam is excluded and we cannot be held liable for gross negligence, willful misconduct, or for any damage you may suffer as a result of the use of the Exam or any other events which are not under our reasonable control, such to the fullest and maximum extent permitted by applicable law.

Easee will not be liable to you or to any person for any loss or any damage of any kind that may arise from the unauthorized and/or incorrect use of the Site and/or Exam and/or our Services and the unauthorized use of any information contained within the Site or Exam, such to the fullest and maximum extent permitted by applicable law. You guarantee to give truthful answers during use of the Exam, the Site and Services and use them in a fully correct manner. Easee cannot be held liable for inaccurate and/or (partly) incorrect use and any (partly) incorrect results, instructions of prescriptions as a result thereof, such to the fullest and maximum extent permitted by applicable law. The Site and/or Exam should not be used in case you do not fully understand all instructions given.

We will use reasonable endeavors to ensure that the Site and Exam is and will stay fully operational. Due to the nature of the Internet, Easee cannot guarantee that the Site and/or Exam will be free from delays, interruptions or errors. We take all reasonable efforts to ensure that information on the Site and/or Exam is correct, but we cannot give representations or warranties, express or implied, in relation to the accuracy or completeness of the said information. We take precautions to protect all (personal) data collected through the Site and/or Exam but in the event that unauthorized third parties infiltrate our system we will not accept any liability for any resulting misuse of the (personal) data. Easee will not be liable for any modification, price change, suspension or discontinuance of the Site and/or Exam.

15. Suspension and Termination Rights

We reserve the right to immediately terminate your access to all or part of the Site in case you do not make use of our Services, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username or password, or (b) the breach of any agreement between you and easee. In the event of termination, your obligations under these Terms will still continue.

16. Nullity

If any of the provisions of this agreement (which include the Terms) become invalid or are declared null and void, then this will not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect. Invalid or unenforceable provisions will be replaced by valid, enforceable provisions that most closely match the intent of the original provisions.

17. Disputes

Dutch law applies to the Terms. Subject to mandatory legal provisions providing otherwise, any conflicts that may ensue from the Terms, will be submitted to the jurisdiction of the District Court of Amsterdam. 

Online dispute resolutions
As a consumer you can also use the ODR-platform (Online Dispute Resolution). This platform offers a simple, efficient, fast and low-cost out-of-court solution to disputes arising from online transactions. For more information see: http://ec.europa.eu/odr.

Terms of Use
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