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Terms & Conditions

International Council of Ophthalmology, Examinations Programme

Foundation Assessments Terms of Use

Thank you for your interest in the Foundation Assessments. The Foundation Assessments are online formative assessments offered by the International Council of Ophthalmology, an association with registered office in Zurich, Switzerland (“ICO”), acting through its Examinations Programme, having its offices in London, United Kingdom (“ICO Examinations”), in association with medignition AG (with registered office in Zug, Switzerland) and other third party service providers (medignition AG and other third party service providers herein collectively referred to as the “Partners”) to ophthalmologists in training.

Please read these Foundation Assessmenta Terms of Use (“Terms of Use”) carefully before you register for the Foundation Assessment and use the application on which the Foundation Assessments are provided by ICO to candidates (“Application“).

  1. Scope

These Terms of Use are entered into between you (the “Candidate”) and ICO. They set out the terms and conditions governing the Candidate’s use of the Foundation Assessment services that ICO, acting through ICO Examinations, provides to the Candidate via the Application.

  1. Acceptance and term of the Terms of Use

    1. By using the Application, by registering and applying for the Foundation Assessments, or by taking the Foundation Assessments the Candidate consents to be bound by these Terms of Use. When registering and applying for the Foundation Assessment the Candidate may be required to reiterate his or her consent to these Terms of Use by activating a corresponding check box.

    2. These Terms of Use apply to any uses of the Application and the Foundation Assessments by the Candidate now or in the future.

  2. Registration

    1. The Candidate is required to register and apply for the Foundation Assessments. This is done via the online registration and application site (“Registration Site”). The Registration Site is accessible via ICO Examinations’ website www.icoexams.org. The Candidate is required to give complete and correct information, and to choose a password.

    2. ICO reserves the right to refuse a Candidate’s registration and application for the Foundation Assessment if ICO determines, based on the information provided by the Candidate, that the Candidate is not eligible to take the Foundation Assessments, in which case ICO will refund to the Candidate the exam fee already paid.

  3. Fees / No Right of Withdrawal

    1. Registration and application for the Foundation Assessment requires the payment of an exam fee. Payment of the exam fee is done by credit card. The conditions and prices published on the Registration Site at the time of registration shall apply. Prices may vary based on the Candidate’s country of residence.

    2. Upon the granting of the right to access the Application (pursuant to Clause 5.1) the Candidate will have no right of withdrawal and no right of refund of the exam fee.

  4. Right to Access the Application and Take the Foundation Assessments

    1. Under the condition of successful registration and payment validation, ICO hereby grants to the Candidate the non-exclusive and non-transferrable right to access the Application and take the Foundation Assessment subject to ICO’s right of refusal pursuant to Clause 3.2.

    2. The Candidate is entitled to take the Foundation Assessment once within the time period specified on the Registration Site or in the instructions displayed when the Candidate accesses the Application. After such period, the Candidate’s right to access and take the Foundation Assessment shall terminate. The Candidate shall, however, have the right to access the Application even after termination of his or her right to access and take the Foundation Assessment to view his or her exam results or, subject to payment of an additional exam fee, to retake the Foundation Assessment.

    3. Notwithstanding anything in Clause 5.2, the Candidate’s right to take the Foundation Assessment and/or (as may ICO may determine) to access the Application shall terminate if and when ICO gives notice to the Candidate that the Candidate is in breach of (i) any of the terms and conditions of these Terms of Use or (ii) ICO’s additional instructions (as the case may be) explained on the Application.

  5. Copyright Notice and permitted Use

    1. Text (in particular exam questions), images, videos, software, services, and other information contained in the Application and the Foundation Assessment (“Contents”) are the property of ICO, ICO’s Partners, or the respective content providers and are protected by copyright laws.

    2. The Candidate may only use the Contents in connection with the Candidate’s right to access the Application and/or to take the Foundation Assessment, only to the extent and as long as necessary for that purpose, and subject always to the Candidate’s full compliance with the terms and conditions of these Terms of Use and with ICO’s additional instructions (as the case may be) explained on the Application (“Permitted Use”).

    3. In no event may the Candidate, (i) use the Contents for any other purposes than the Permitted Use, (ii) continue to use the Contents after expiry or termination (pursuant to Clause 5.2) of the right to access the Application and take the Foundation Assessment, or (iii) copy, amend, present, license, publish, upload or send the Contents or make the Contents perceptible in any way without the prior written consent of ICO. ICO reserves the right to report any of Candidate’s breach of this Clause 6.3 to the Candidate’s training director, the local ophthalmologists’ association and/or a competent ophthalmologists’ supervisory authority.

  6. Confidentiality of Exam Questions

    1. The Candidate acknowledges that exam questions (including corresponding images and videos) contained in the Foundation Assessment are confidential information of ICO and that the Candidate may not, without ICO’s prior written consent, share any such Contents with other current or prospective Candidates or make them publicly available. ICO reserves the right to report any of Candidate’s breach of this Clause 7 to the Candidate’s training director, the local ophthalmologists’ association and/or a competent ophthalmologists’ supervisory authority.
  7. No Warranty

    1. The Candidate acknowledges and accepts that the Application, the Foundation Assessment, and all Contents are, to the fullest extend permissible under applicable law, provided “as is” without warranty of any kind, express or implied, including, without limitation, any implied warranty of fitness for a particular purpose or satisfaction of a particular requirement, uninterrupted and error free operation, accessibility by a particular browser or system of the Candidate, or absence of defects.

    2. The Candidate further acknowledges and accepts that ICO and ICO’s Partners do not warrant, guarantee, or make any representations regarding the use, or the results of use of the Application, the Foundation Assessment or the Contents in terms of completeness, accuracy, consistency, reliability, currentness, or otherwise.

  8. Limitations on Liability

    1. In any case the liability of ICO and ICO’s Partners shall be limited to gross negligence and intent. Liability, irrespective of legal grounds, for consecutive damages or indirect damages, loss of profit or unrealized anticipated savings shall be excluded.
  9. Links

    1. The Application and/or the Foundation Assessment may contain links or references to websites or applications that are not operated by ICO or ICO’s Partners. ICO and ICO’s Partners are not responsible for the contents of these websites or applications and are not liable for any damage or injury resulting from the Candidate’s use thereof.
  10. Responsibility of the User and Indemnities

    1. The Candidate assumes the entire risk as to the use and result of the Application and the Foundation Assessment (including the Contents). This also includes the Candidate’s responsibility for its own internet connection, as well as for the software and equipment necessary to access the Application and take the Foundation Assessment. User name, password and further access data that ICO will provide to the Candidate upon registration (“Access Data”) are personal to the Candidate and must be treated as confidential. All uses executed via the Candidate’s Access Data shall be attributed to the Candidate and are binding for the Candidate.

    2. Any complaints by the Candidate with regard to the services provided hereunder by ICO Examinations shall be directed by e-mail with a comprehensible description of the problem to assess@icoph.org. ICO undertakes to investigate the Candidate’s complaints (if any) fairly and expeditiously. ICO reserves the right to refuse any unfounded complaints. Further, ICO reserves the right to terminate the Candidate’s right to access the Application and take the Foundation Assessment pursuant to Clause 5.2 if the Candidate places one or several wilfully aggravated complaints.

    3. The Candidate agrees to indemnify and hold ICO, ICO’s Partners, and their respective officers, directors, employees and agents harmless from and against any claims, actions, or demands, liabilities, damages, losses and expenses (including attorneys’ fees) arising out of, resulting from, or alleged to result from, the Candidate’s infringement of these Terms of Use or the Candidate’s infringement of any third party rights in connection with the Candidate’s use of the Application or the Foundation Assessment.

  11. Privacy Policy

    1. When registering and applying for the Foundation Assessment, ICO (acting through ICO Examination) asks the Candidate for information such as the Candidate’s name, surname, address, email address, year of graduation as Doctor of Medicine or equivalent and medical school attended, place of training or intended place of training as an ophthalmologist, etc. Such information will include information that identifies the Candidate or makes the Candidate identifiable as a person (“Personal Data”).

    2. ICO shall process the Candidate’s Personal Data carefully and only for ICO’s performance under these Terms of Use and for usages connected with this purpose. ICO shall store the Candidate’s Personal Data only insofar and as long as is required for the purposes set out herein or to the extent that ICO is required to do so by law.

    3. The Candidate acknowledges and accepts that to perform under these Terms of Use it will be necessary for ICO (acting through ICO Examinations) to disclose the Candidate’s Personal Data to ICO’s Partners in Switzerland, the UK or in other countries within the EU/EEA. ICO will require its Partners to use the Candidate’s Personal Data in accordance with the principles set-out in this Clause 12. ICO will not disclose the Candidate’s Personal Data to any third party other than ICO’s Partners, except in circumstances described in Clauses 6.3 and 7, or if ICO is required to do so by law or by a court order.

    4. ICO (and ICO Examinations) will keep the Candidate informed of relevant developments relating their respective offers. If the Candidate does not wish to receive advertising, he or she may notify ICO.

  12. Choice of Law and Jurisdiction

    1. These Terms of Use are governed exclusively by the laws of Switzerland, with the exclusion of its conflict of laws rules and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).

    2. All disputes arising out of or in connection with these Terms of Use, including disputes on conclusion, binding effect, amendment and termination, shall be resolved exclusively by the competent Courts of Zurich, Switzerland. ICO shall have the option of taking legal action against the Candidate at the Candidate’s domicile.

  13. Other provisions

    1. ICO expressly reserves the right to amend these Terms of Use at any time. ICO will notify the Candidate of any such amendments and will make the amended version of the Terms of Use available on the Registration Site and/or the Application. If upon notification of the amendments the Candidate continues accessing the Application or taking the Foundation Assessment the Candidate agrees to be bound by the amended version of the Terms of Use.

    2. No variation to these Terms of Use (including this Clause 14.2) shall be effective unless in writing.

    3. Failure or delay of ICO in exercising any right, power or option hereunder shall not constitute a waiver of the terms and conditions of these Terms of Use.

    4. The invalidity or unenforceability of any particular provision of these Terms of Use shall not affect the other provisions hereof, and these Terms of Use shall be construed in all respects as if such invalid or unenforceable provisions has been omitted.

Version 1, May 2013

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