Last Updated: July 2013
2. Important Notice
1.Newlen.co.uk is not involved in the provision of any healthcare or medical advice or diagnosis. Any information provided on the Website is intended as a guide only and should not be construed as a substitute for professional medical advice. The website is a service that displays information on Providers and/or Clinics that has been gathered from the Healthcare Provider or the internet and which facilitate Registered Users purchasing Vouchers. We do not screen or validate any content posted by Clinics and/or Providers, nor do we endorse any particular Clinic and/or Provider. If you decide to engage a Clinic or Provider to provide Services to you (including by purchasing a Voucher on our Website), you do so at your own risk. In this regard you should note that certain Clinics and/or Providers listed on this Website are located in jurisdictions where insurance is not available or mandatory in respect of the medical services they offer. We would recommend that you undertake your own research into any Clinic and/or Provider listed on the Website and that you should consult with your doctor or primary healthcare provider before engaging any Clinic and/or Provider from this Website. You should be aware that the results of any search you perform on the Website for Clinics and/or Providers should not be construed as endorsement by Newlens.co.uk of any particular Clinic and/or Provider or constituting any comparative ranking of any Clinic and/or Providers.
3. Services We Do Not Provide
1.Newlens.co.uk is not a medical referral service and does not endorse, recommend, or approve any Clinic and/or Provider listed in the Website. We are not medical professionals nor do we hold ourselves out to be medical professionals and will not discuss or advise on any issues relating to medical treatment with Clients (defined below) or Clinics and/or Providers.
2. Except in circumstances where you have purchased a Voucher, Newlens.co.uk is not involved in any transaction between you and Clinics and/or Providers who use this Website. If you purchase a Voucher, our only responsibility is to process or facilitate payment for the Voucher and email you confirmation of purchase and/or the Voucher. The responsibility for managing appointments and delivering the relevant services will be solely that of the relevant Clinic and/or Provider on whose behalf we have sold the Voucher. We cannot assure that all transactions will be completed nor do we guarantee the ability or intent of any Clinic and/or Provider to fulfil their obligations in any transactions.
3. As we cannot control the information provided by any Clinic and/or Provider or information sourced by Newlens.co.uk from the Internet that is made available through this Website, Newlens.co.uk does not guarantee or endorse the authenticity, quality, safety or legality of any Clinic and/or Provider or the services provided or purported to be provided by any Clinic and/or Provider, the accuracy of any listings or any Clinic and/or Provider data we may provide to you, or the ability of any Clinics and/or Providers to complete a transaction.
4. Services We Do Provide
1.Newlens.co.uk is a website for individuals seeking to access medical services (“Clients,” “Your” or “You”) and Clinics and/or Providers situated around the world who want to provide Services. Newlens.co.uk facilitates introductions between Clients and Clinics and/or Providers through the Website.Newlens.co.uk also facilitates Registered Users purchasing Vouchers for Services. Newlens.co.uk is not a provider of Services, and has no responsibility for managing appointments and/or delivering the Services, including where a Voucher has been purchased on the Website for any Services. You agree that if you purchase a Voucher through the Website, your contract for delivery of the Services is solely with the relevant Clinic and/or Provider on whose behalf we have sold the Voucher, and not Newlens.co.uk, which is acting as an intermediary only in the sale of the Voucher. Specific terms and conditions relevant to purchasing a Voucher are set out at section 5 below.
2. Newlens.co.uk gathers information from various worldwide Clinics and Providers about their facilities and services as well as from a large number of publicly available websites. You can access this information via our Website. This information should assist you in making a decision on choosing your preferred Clinic or Provider by conducting your own research into such Clinics or Providers. If you choose a Clinic or Provider to provide Clinical Services, then we will facilitate contact between you and the Clinic or Provider, by providing your information to the Clinic or Provider (the “Website Service”) or providing you with the contact information of the Clinic or Provider.
5. Purchase of Vouchers
3. By submitting an offer to purchase a Voucher you represent and warrant to us that you are at least eighteen years of age and resident in the United Kingdom and your purchase of the Voucher is for your personal, non-commercial use.
4. If we cannot process your offer to purchase a Voucher we will notify you, and (if we have taken payment for the Voucher) we will refund you the price of the Voucher. The circumstances where your offer may not be accepted include the promotion no longer being available, or your payment not being authorised.
5. You may cancel your purchase of the Voucher within 7 business days from the day after you receive the Voucher provided you have not redeemed the Voucher during that time. If you wish to cancel your Voucher during that time, please call us on +353 (0)1 906 0122 or +44 (0)203 627 9137 or email us at firstname.lastname@example.org. If you do cancel your purchase the Voucher during that time by calling or emailing us, we will refund you the price you paid for the Voucher.
6. Once we have emailed you the Voucher you may redeem it from the relevant Clinic or Provider you may redeem the Voucher by making direct contact with the relevant Clinic or Provider to make an appointment prior to the expiry date of the Voucher. At the time of making your appointment you must advise the Clinic or Provider of your intention to redeem the Voucher at the time of the appointment. After the expiry date, you will have no further right to use or redeem the Voucher and you will not be entitled to any credit, compensation or reimbursement if you do not redeem your Voucher prior to its expiry date. . The Voucher must be redeemed in its entirety when presented for redemption. Unless the relevant Clinic or Provider allows otherwise, the Voucher may not be used in conjunction with any other offers and/or promotions of the Clinic or Provider (whether such offers and/or promotions are made directly by the relevant Clinic or Provider or through other third parties). Your redemption of the Voucher forms a separate contract between you and the relevant Clinic or Provider for the Services and may be subject to the terms and conditions of the Clinic or Provider.
7. You may not alter, reproduce or sell any Voucher. If you do any attempt to do so, we may, at our sole discretion, cancel the Voucher.
8. Neither Newlens.co.uk, nor any Clinic or Provider will have any responsibility to you for any lost or stolen Vouchers.
9. You agree that by becoming a Registered User and/or purchasing a Voucher we may send you emails with details of current promotions, your account activity, Vouchers purchased by and/or updating you on policies, terms and conditions and similar matters relating to the Website. If you do not wish us to contact you for marketing purposes, you may notify us by following the “unsubscribe” links on email communications issued by us and/or contacting us directly at +353 (0)1 906 0122.
(a) WhatClinc.com is acting merely as intermediary between you and the relevant Clinic or Provider and our obligations are limited to processing payment for the Voucher and emailing you confirmation of purchase and the Voucher; Newlens.co.uk gives no representations and/or warranties regarding the Services and has no responsibility or liability for any of the Services to be provided on redemption of the Voucher (including but not limited scheduling availability of the Clinic or Provider);
(b) The relevant Clinic or Provider shall be solely responsible all loss, liability, damages, costs, claims, injuries and/or illnesses suffered by you, caused in whole or in part by the relevant Clinic or Provider and/or resulting from the relevant Services rendered on redemption of a Voucher;
(d) The liability of Newlens.co.uk to you for any loss shall not in any circumstances exceed the of the price of the Voucher.
6. Content Policy
1.Newlens.co.uk acts as a passive conduit for the online distribution and publication of information submitted through the Website, and has no obligation to screen content or information in advance and is not responsible for screening or monitoring material posted by you or Clinics and/or Providers. You are solely responsible for the content and information you provide to us to be published on the Website through our data entry forms or otherwise. We reserve the right to edit or remove your content if we believe it is untrue or that it may create liability for us.
2.You acknowledge we may publish your reviews of Clinics and/or Providers or the services provided to you by Clinics and/or Providers either on the Website or on associated or linked websites and you consent to the unrestricted publication of such reviews. When posting a review of a Clinic or Provider to Newlens.co.uk you must abide by current review policies which include:
- Review cannot be defamatory
- Review must be family friendly (no profanity, etc.)
- No hearsay. You cannot make a statement about what someone else has said.
- No personal insults
- No reports of criminal activity (these must be reported to the proper authority)
- Commercial information of any kind including email address or phone numbers
- Content not relevant to other potential customers
- Review must use standard email etiquette (not all CAPS, no HTML, etc.)
- We may choose to reject reviews where we cannot contact you by email or phone
3.Other terms of the content policy with regard to reviews and other user-provided text on the Website are covered in the review policy.
7. Age and Responsibility
1.You should note that the Website Service is only available to, and may only be used by individuals who are legally entitled to form such contracts under law in the jurisdiction in which they reside. If you are under the age of eighteen, you should not access and or use this Website or the Website Services or purchase (or attempt to purchase) any Voucher. By accessing and using this Website, you warrant that you are over the age of eighteen.
8. Data Protection
3.Newlens.co.uk operates servers outside of the European Union therefore you hereby agree to the transfer of personal data outside the European Union. By using this website, you agree to Newlens.co.uk holding and processing, both electronically and manually, personal data about you (including sensitive personal data as defined in the Data Protection Acts 1988-2003) for the operation, management, security and administration of Newlens.co.uk and complying with applicable laws, regulations and procedures, including transfer of personal data outside the European Union.
4.a Communication between you and a Clinic and/or Provider via email may be sent through Newlens.co.uk. The content of these emails may be retained by Newlens.co.uk in order to assist clients and clinics in tracking their communication.
4.b Communication between you and a Manufacturer and/or Distributor via email may be sent through Newlens.co.uk. The content of these emails may be retained by Newlens.co.uk in order to assist clients and clinics in tracking their communication.
5.Communication between you and a Clinic and/or Provider by phone may be routed through Newlens.co.uk. The time and date, success or failure and telephone numbers may be stored by Newlens.co.uk, in order to assist you and the Clinic and/or Provider in tracking phone communication between you and the Clinic and/or Provider. An audio recording of the call may also be stored. If the audio of a telephone call will be recorded then you will hear an audible message informing you of this in advance of the call beginning.
6. By signing up to become a Registered User you agree that we may send you advertisements and/or promotional material by email, including information about Vouchers you have purchased. If you do not wish us to contact you for marketing purposes, you may notify us by following the “unsubscribe” links on email communications issued by us.
9. Provision of Information
1.If you wish to arrange a consultation with a Clinic and/or Provider, then you will be asked to provide certain information including details such as your contact details (phone number and email address), age and gender and some medical information to allow us to present your data to Clinics and/or Providers who may be interested in providing Services to you. You warrant and undertake that the information provided by you is up-to-date, accurate in all material respects, not the confidential property of others or in violation of any third party’s rights, and is sufficient for us to facilitate the Website Services. Although Newlens.co.uk endeavours at all times to respect your privacy, you should not provide any information that may cause you personal damage if made public.
2.Information sent over the Internet cannot be guaranteed to be completely secure as it is subject to possible interception, loss or alteration. You understand and agree to assume the security risk for any information you provide using the Website. We are not responsible for any information sent over the Internet and will not be liable to you or anyone else for any damages or other loss incurred in connection with any information sent by you to us or to a Clinic and/orProvider, or any information sent by us, a Clinic and/or Provider or any third party to you over the internet.
10. Suspension/ Termination
11. Use of website
(a). Any commercial purpose including but not limited to creating, checking, confirming, updating or amending your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
(c). Copying, modifying, transmitting, displaying, distributing, performing, reproducing, licensing, publishing, creating derivative works from, transferring or selling any information, software, products and services contained on or forming part of this Website, or otherwise using such content of the Website for resale, redistribution or for any other commercial use whatsoever including but not limited to any other website, surveys, contests or pyramid schemes.
(d). Accessing or using the Website in and from jurisdictions which restricts or prohibits same by local law;
(e). Accessing or using the Website in any manner which could damage, disable, overload, flood, mail bomb, crash or impair the Website or interfere with any other party’s use and/or enjoyment of the Website;
(f). Posting or transmitting, whether on a bulletin board, forum or otherwise, to or from the Website any unlawful, harassing, threatening, libellous, defamatory, tortious, obscene, hateful, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under law;
(g). Transmitting material which may cause harm to Newlens.co.uk’s or any other party’s computer systems, including but not limited to any material which contains viruses, Trojan horses, worms, spyware, adware, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy or otherwise impair a computer’s functionality or the operation of the Website;
(h). Harassing, harming or abusing another person, or contacting, advertising, soliciting, selling to any other person without their prior written consent or transmitting or relaying spam, junk email or chain letters;
(i). Accessing data or materials not intended for your use; logging into a server or account which you are not authorised to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or impersonating any person or entity, or falsely stating or otherwise misrepresenting their identity or affiliation in any way;
(j). Attempting to gain unauthorised access to the Website, or any computer systems or networks connected to any Newlens.co.uk website, through hacking, password miming or any other means; or
(k). Harvesting or otherwise collecting by any means any programme material or information (including without limitation email address or details of other users) from the Website or monitoring, mirroring or copying any content of the Website without the prior written consent of Newlens.co.uk.
2.The pages contained in this Website may contain technical inaccuracies and typographical errors. The information on this Website may be updated from time to time but we do not accept any responsibility for keeping the information in these pages up-to-date, nor any liability for any failure to do so.
12. Copyright Notice and Limited Licence
1.The information, content, graphics, text, sounds, images, buttons, trademarks, service marks, get-up, business names, domain names, rights in good will, know-how, designs and rights in designs, trade names and logos (whether registered or unregistered) (the “Materials”) contained in this Website are protected by copyright, trade mark, database right, sui generis right and other intellectual property laws and are also protected under national laws and international treaties. Newlens.co.uk and/or its licensors (as the case may be) retain all right, title, interest in and intellectual property rights to the Materials. Use of third party trademarks is for description and identification purposes only. Such trademarks are the registered trademarks of their registered owners. Newlens.co.uk asserts absolutely no ownership or other rights with respect to such third party trademarks.
3.You agree to grant Newlens.co.uk a non-exclusive, royalty free, world-wide, transferable perpetual licence, with the right to sub-licence, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any Materials and other information, including without limitation ideas contained therein for new or improved services, when you submit to the Website either during the registration process or otherwise, including any information or materials you post to a bulletin board or evaluation forum on the website.
2.The website is available to all users “as is” and, to the greatest extent permitted by applicable law, the website is made available without any representations or warranties of any kind, either express or implied. Newlens.co.uk makes no representations, warranties or undertakings about the services or materials available on the website, including without limitation, their merchantability, quality or fitness for a particular purpose. All information provided on the website is intended as a guide only and should not be construed as a substitute for professional medical advice and Newlens.co.uk makes no representations, warranties or undertakings as to the accuracy of any information provided on this website. Newlens.co.uk makes no representations, warranties or undertakings that the website, or the server that makes it available, will be free from defects, including, but not limited to viruses or other harmful elements. To the maximum extent permitted by applicable law, Newlens.co.uk accepts no liability for any infection by computer virus, bug, tampering, unauthorised access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of Newlens.co.uk, which corrupts or affects the administration, security, fairness and the integrity or proper conduct of any aspect of the Website. All use by you of the Website is at your own risk. You assume complete responsibility for, and all risk of loss resulting from, your downloading or using of, or referring to or relying on the facilities, services, materials or products provided on the Website, or any other information obtained from your use of the Website. You agree that, to the maximum extent permitted by applicable law, Newlens.co.uk and providers of telecommunications and network services to Newlens.co.uk will not be liable for damages arising out of your use or your inability to use the Website, and you hereby waive any and all claims with respect thereto, whether based on contract, tort or other grounds. No advice or information, whether oral or written, obtained by you from Newlens.co.uk shall be deemed to alter this disclaimer of warranty, or to create any warranty.
3.To the fullest extent permitted by applicable law, Newlens.co.uk assumes no responsibility nor do we grant any warranties, express or implied relating to the operation, safety, condition or service of any Clinic, Provider or any healthcare professional or any doctor or any other person associated with the Clinic and/or Provider that is used by, for or on behalf of, you. Newlens.co.uk is not liable for the acts, errors, omissions, representations, warranties, breaches or negligences of any Clinic and/or Provider or any doctor or any other persons associated with such Clinic and/or Provider or for losses, damages or expenses resulting therefrom.
14. Limitation of Liability
1.To the fullest extent permitted by applicable law, neither Newlens.co.uk nor any of its officers, directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of any facilities, services and the website services offered or transactions entered into through or from this Website, including, for the avoidance of doubt, your transactions with Clinics and/or Providers or medical services facilitated through this Website, including, but not limited to, direct, indirect or consequential losses or damages, loss of data, loss of income, profit or opportunity, loss of, or damage to, property and claims of third parties, even if newlens.co.uk has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.
2.In no event shall Newlens.co.uk nor any of its officers, directors, employees, affiliates or other representatives be liable for any damages whatsoever resulting from the statements or conduct of any Clinic and/or Provider or third party or the interruption, suspension or termination of the website services, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
3.Without limiting the foregoing, under no circumstances shall Newlens.co.uk nor any of its officers, directors, employees, affiliates or other representatives be held liable for any delay or failure in performance of the website or the website services resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, lay-way disputes, riots, interactions, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
4.Newlens.co.uk does not exclude liability for death or personal injury, caused by its negligence or that of its employees or authorised representatives, or for fraud.
16. Links to Third Party Websites
1.This Website contains links to third party websites. Your use of third party websites is subject to the terms and conditions of use contained within each of those websites. Access to any other website through this Website is at your own risk. Newlens.co.uk is not responsible for, nor liable for, the accuracy of any information, data, opinions, statements made on third party websites or the security of any link or communication with those websites. Newlens.co.uk reserves the right to terminate a link to a third party website at any time. The fact that Newlens.co.uk provides a link to a third party website does not mean that Newlens.co.uk endorses, authorises or sponsors that website, nor does it mean that Newlens.co.uk is affiliated with the third party websites, owners or sponsors. Newlens.co.uk provides these links merely as a convenience for those who use this Website.
1.Although Newlens.co.uk endeavours to ensure the Website is available at all times, there may be occasions when access to the Website may be interrupted, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to failure of telecommunications links and equipment that are beyond our control. You agree that Newlens.co.uk shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of the Website.
2.You have sole responsibility for adequate protection and back-up of any content and data you submit to the Website and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive items.
19. Jurisdiction and Governing Law
1.This Website is controlled and operated by Newlens.co.uk from Andorra. Newlens.co.uk does not make any representation that the facilities, services, including the website service, and/or materials offered through this Website are appropriate or suitable for use in countries other than Andorra, or that they comply with any legal or regulatory requirements in any other countries. In accessing this Website, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make this Website, facilities, services, including the website service, and/or materials offered through this Website or any part of them available in your country, or to you, whether by reason of nationality, residence or otherwise, this website, the facilities, services and/or materials offered through this website or any part of them are not directed at you.