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OPSReView Terms and Conditions of Purchase

These Terms and Conditions apply to your purchase of an OPSReView report (“Purchase”). They should be read in conjunction with our privacy policy, which can be found at https://www.coringroup.com/uk/about-us/privacy-notice/

We are a company called Optimized Ortho Pty Limited. We are registered in Australia under ACN number 152 130 295. Our registered office is at 17 Bridge Street, Pymble, NSW 2073 Australia. We are part of the Corin Group of companies which is headquartered in the United Kingdom.

It’s important that you read the Terms carefully as they will govern the agreement between us if you proceed with the Purchase. If you proceed with a Purchase from this site, you confirm that you accept the Terms described on this page and our Privacy Notice. If you don't agree, please refrain from proceeding with a Purchase.

 

1. OPSReView

OPSReView is a postoperative tool which helps your clinician to analyse certain details of your anatomy, implant placement and biomechanics. It is intended to assist your clinician with determining an appropriate course of action for your diagnosis and treatment.

OPSReView is provided on a “clinician directed” basis. This means that you can only order an OPSReView report if doing so has been recommended and arranged by your clinician. If your clinician has not recommended and arranged an OPSReView report for you, then you should exit this page and not proceed with a Purchase.

Once we have received confirmation that you have correctly paid for your Purchase, we will produce an OPSReView report and send it directly to your clinician (the “Report”). Your clinician will then contact you to discuss the Report and any next steps.

Because the Report contains information of a medical nature provided by us to your clinician, we will not provide you with a copy of the Report. If you wish to obtain a copy of the Report, you must discuss your options with your clinician.

You must be eighteen years old or older to proceed with a Purchase.

We may end our agreement with you (and refuse to provide a Report) if you breach these Terms or if we suspect you have breached these terms.

 

2. Purchase Process

By proceeding with a Purchase, you agree that any information you give us is accurate and complete.

All Purchases are subject to acceptance and availability. All prices listed on the site are correct at the time of entering the information, however, we reserve the right to change prices at any time. The total price of your order, including any sales taxes, will be displayed prior to your purchase confirmation.

If your Purchase cannot be completed, you will receive an email from us telling you the reasons why and our proposed solution. If you’re not happy with the proposed solution, you may decide to cancel your purchase and obtain a full refund.

 

3. Payment, charges, transaction fees and taxes

You may make your Purchase using an accepted debit or credit card. Purchases will be charged to your nominated card or account upon submission of your order. All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. We use a payment processor called “Worldpay” to process your online transaction on our behalf. For more information on Worldpay, please see the section headed “Privacy” below. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non- delivery.

Depending on where you are in the world, your Purchase may be subject to an international transaction charges and/or sales tax. Any sales taxes are calculated up-front as part of your purchase and will be notified to you at the time of your Purchase.

 

4. Intellectual Property Rights

All intellectual property rights, including copyright, which subsist in a Report are owned, controlled or licensed by us or our group company members.

To the extent that you are granted access to a Report by your clinician (or otherwise), you are not permitted to copy, broadcast, download, store, transmit, show in public, adapt or change in any way the content of the Report for any other purpose whatsoever without our prior written permission. Except as set out above, these Terms do not grant, and nothing in these Terms should be construed as granting any licences or rights to use any of our intellectual property rights.

5. Limited Use of OPSReView

You agree that the Report is intended to assist your clinician to provide diagnosis and/or treatment services to you as part of their standard of care.

You agree that you will not use (or seek to use) a Report for any purpose other than outlined in the paragraph above.

In particular, you agree that a Report shall not be used in litigation or any other form of legal action against us, our group companies or any clinicians who are (or have been) involved in your diagnosis, treatment or care. Neither you nor your representatives will seek to compel us (or any of our group companies) to produce or disclose a Report for legal purposes whether by subpoena, disclosure order or otherwise. You agree that we may produce these Terms as a partial or complete defence to any such action.

The above paragraph also applies to any materials, information, findings or records which were (a) produced as part of the OPSReView analysis process (“Process Materials”) or (b) which derive from, reference or are based upon information contained within a Report and/or Process Materials.

In some circumstances, we may not be able to produce a Report due to technical limitations, such as non-conforming imaging.  In the case, we will not proceed the Report and provide you with a full refund.

 

6. Disclaimers and Limitation of Liability

OPSREVIEW IS A TOOL DESIGNED TO PROVIDE YOUR CLINICIAN WITH INFORMATION RELATING TO JOINT ALIGNMENT FOLLOWING SURGERY.

OPSREVIEW IS PROVIDED TO YOUR CLINICIAN FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT PROVIDE MEDICAL ADVICE OR DIAGNOSIS. RESPONSIBILITY FOR PROVIDING MEDICAL EXAMINATION, ADVICE, OPINION, DIAGNOSIS, ASSESSMENT TREATMENT AND ANY SURGERY LIES ENTIRELY WITH YOUR CLINICIAN, NOT US.

WE DO NOT ENDORSE, AND ARE NOT RESPONSIBLE FOR, ANY MEDICAL ADVICE PROVIDED THROUGH OPSREVIEW BY YOUR SURGEON, DOCTOR OR OTHER HEALTHCARE PROFESSIONAL.

FURTHER, WE ARE NOT AFFILIATED TO YOUR SURGEON, DOCTOR OR OTHER HEALTHCARE PROFESSIONAL AND WE ARE NOT LIABLE FOR ANY ADVICE GIVEN TO YOU BY YOUR SURGEON, DOCTOR OR OTHER HEALTHCARE PROFESSIONAL, OR OTHER MEDICAL ADVISERS OR THIRD-PARTIES DELIVERED THROUGH OPSREVIEW OR OTHERWISE.

BY PROCEEDING WITH A PURCHASE, YOU ACKNOWLEDGE AND ACCEPT THE STATEMENTS MADE IN THIS CLAUSE.

 

7. Privacy

When making a Purchase, you will need to supply us with your ‘personal information’, such as your name and email address. We may also require certain sensitive information concerning your treatment or information contained in your medical records.

We collect and use your personal information so that we can identity your records, fulfil the Purchase and deliver the Report to your clinician.

We may also de-identify any personal information provided by you by removing any details which directly identify you and taking steps to prevent unauthorised re-identification. This de-identified data may be stored and used for secondary purposes such as clinical research, product development, analytics and benchmarking on a commercial or non-commercial basis. If you do not want us to use your information in this manner, you should inform us by emailing dpo@coringroup.com as soon as possible.

 

8. Entire Agreement

These Terms govern our relationship with you. You confirm that, in agreeing to accept the Terms, you have not relied on any representation except where that representation has been made a term of these Terms and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these Terms. Nothing in this paragraph shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Terms.

9. Governing Law and Jurisdiction

These Terms shall be governed by English law, except that if you live in a jurisdiction which provides you with inalienable rights as a matter of mandatory local law, there may be certain mandatory applicable laws of your jurisdiction which apply for your benefit and protection in addition to or instead of certain provisions of English law.

You agree that any dispute between you and us regarding these terms or OPSReView will only be dealt with by the English courts, except that if you live in a jurisdiction which provides you with inalienable rights as a matter of mandatory local law, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your jurisdiction.