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Terms & Conditions

For Individuals

Terms and Conditions (Updated 3rd November 2023)

Please read oVRcome Terms and Conditions carefully before using oVRcome. 

 

oVRcome is a supported self-care programme and provider of online and mobile VR and program content in the health & wellness space. oVRcome has been designed in compliance with established clinical practice guidelines laid out by the RANZCP. It is not meant to replace therapy with a trained mental health practitioner. Using oVRcome may help with general mental wellness or supplement existing therapy. If you have any reservations about using oVRcome, be sure to discuss these with your mental health practitioner before starting a program.
We are not a healthcare or medical device provider, nor should our Products be considered medical advice. Only your physician or other healthcare provider can give you medical advice. While there is third party evidence from research that shows VR exposure therapy can assist in the prevention and recovery process for a wide array of phobias and anxieties, oVRcome makes no claims, representations or guarantees that the Products provide a physical or therapeutic benefit.  

We advise you to get advice from a qualified professional person if you are worried about how you are feeling. If you feel adverse effects we recommend you consult a registered psychologist immediately and email support@ovrcome.io

The content contained within the oVRcome app is the result of the development of a unique program to help people overcome phobias and anxieties more easily through accessible, Virtual Reality (VR) based exposure therapy. By using oVRcome, you are agreeing to comply with these Terms of Use & Conditions each time you use the app.  Please make sure that you read these terms carefully before using the app. If you do not agree with all of these Terms of Use & Conditions, please do not use oVRcome.

The information, material and content provided in the pages of this App may be changed at any time with or without notice, including these terms and conditions. If you do not agree to these updated terms, then you may not access or use the app and you must immediately exit and delete the app from your device.

 

Although we aim to offer you the best service possible, we make no promise that the Products will meet your individual requirements and we cannot guarantee that the Products will be free from all or any issues. Should a fault occur in the Products, please report it to us at support@ovrcome.io and we will do our best to correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time.

 

GENERAL INFORMATION - NOT MEDICAL ADVICE

oVRcome is intended for informational and skill development purposes only. oVRcome is not intended to replace personal consultation with a qualified healthcare professional or to provide medical treatment or advice for you or any other person, including children. If you need more help than this program can offer, it is advisable to contact your doctor or an institution for professional healthcare in your area. You should always obtain professional or medical advice appropriate to your own circumstances, with any questions you may have regarding a health or medical condition. oVRcome cannot be used for diagnosis. Should you seek a medical or mental health diagnosis, you should consult a medical practitioner or mental health professional. Consult your doctor or therapist before using oVRcome if you suffer from a heart condition, mood disorder, epilepsy or a psychiatric or neurological condition. If you use the appropriate function to invite your mental health practitioner to view your progress in the App and/or to provide you with assistance, you must ensure that your mental health practitioner is a registered practitioner and capable of helping you with the functions and guidance of the App. We are not responsible or liable for any failure by your mental health practitioner to successfully engage with or use the App and/or improve your outcomes. Your specific phobias or social anxiety program will start with psychoeducation about specific phobias/social anxiety and guidance on healthy lifestyle changes as recommended by RANZCP. If you find that oVRcome does not work for you, RANZCP recommends:
 

  • Face-to-face Cognitive Behavioral Therapy (CBT) with a trained clinician

  • Discussing medication with your mental health provider as part of your treatment

  • The RANZCP warns against certain medications and states that in the treatment of Social Anxiety, “Buspirone, antipsychotic agents and beta blockers should not be used.” (pg. 1139, para. 4)
     

If you would like more information on how oVRcome complies with widely accepted clinical practice guidelines set out by The RANZCP, contact us at support@ovrcome.io.

MEMBERSHIPS AND SUBSCRIPTIONS

You may register as a user of the oVRcome App by downloading the App to your personal device. A current subscription is required to access oVRcome content. You acknowledge and agree that oVRcome is authorized to charge the initial subscription fee from the credit card details that you provide to us together with all ongoing monthly or annual payments until such time as your subscription is terminated. You will need to register your name and contact details, and your desired program.  You are responsible for restricting access to your device. You are also responsible for maintaining the accuracy of your information and you agree to keep it up to date.

 

SUBSCRIPTIONS

As a member, you may register for a monthly or annual paid subscription fee-based program, which provides you with full access to the oVRcome programs and related content. You will only have access to the program while your subscription is current.  Any initial purchase is final and non-refundable. You must terminate your subscription prior to the monthly or annual recurring subscription date in order to avoid the next payment.  You cannot claim a refund for the remaining portion of any month or year after termination. 

 

When purchasing the subscription via the oVRcome website, your monthly or annual subscription is managed by oVRcome. Termination of your subscription is made by you in the App (using the cancel function in the settings), or by emailing support@ovrcome.io. All prices are in USD.

 

When purchasing the subscription via the app, your subscription is managed via your Apple or Google account, including termination. The cost of your subscription may be automatically converted into your local currency by Apple or Google.

 

You are responsible for all applicable fees and charges incurred, including any relevant taxes, and all subscriptions that you purchase. We reserve the right to change our subscription plans, including fees, at any time in our absolute discretion.  Such changes will only take effect after we have provided you with advance warning.

 

HARDWARE

oVRcome headset is available for purchase as part of the subscription. We currently ship from the US and New Zealand. Shipping is free in the US and otherwise calculated at checkout. For overseas orders, international fees and delivery time frames apply. Deliveries may also incur extra duty. All prices are in USD.

 

When purchasing via Web, oVRcome headset is automatically added to your order. It is free with an annual subscription but paid extra with a monthly subscription, as part of one transaction. 

 

When purchasing via App, oVRcome headset is represented as an extra cost, payable in USD separately from the subscription. You can opt-out of receiving the headset and only purchase the subscription. 

 

INTELLECTUAL PROPERTY RIGHTS: 

oVRcome contains a range of content such as questions, images, logos, games, personalized features and descriptions of services. The aforementioned content is subject to intellectual property rights. Unless otherwise indicated, oVRcome Ltd (henceforth referred to as the “Developers”) own the copyright and other intellectual property rights on the content of oVRcome. You grant us a fully-paid up, royalty-free, worldwide, perpetual, non-exclusive licence to use, copy, modify and distribute the materials, information and data that you provide or that we otherwise capture on, or through your use of, the oVRcome products, services and app (“Your Data”) for the purposes of: (a) providing oVRcome and our related products and services to our customers; (b) improving oVRcome and our related products and services including by training and enhancing oVRcome and our various algorithms and models which we use and develop from time to time; and (c) as otherwise reasonably required by us to operate our business.

 

MINORS

oVRcome is only intended for use by children under the age of 18 where specifically stated in the programme. Users under the age of 18 years should only use the app by a parent or guardian selecting the appropriate function and with the continuing oversight of a parent or guardian, including by the selection of the appropriate content for your child within the App.  A parent or guardian is entirely responsible for making appropriate content choices for the child and if any content is unsuitable, the parent or guardian must immediately review the controls to ensure that the unsuitable content is removed as we are unable to do so where this has been pre-selected by the parent or guardian.  Examples of unsuitable content include scenes of alcohol consumption, older age groups or any content that simply makes the child feel uncomfortable, as this may result in a failure to improve or a worsening of their condition. If, at any time, you consider that your child is not capable of completing the programme, then you must withdraw that child immediately. Your use of oVRcome and your reliance on its content by any minor is entirely at your own risk. 

 

LIMITATION OF LIABILITY:

oVRcome will be subject to updates as necessary to maintain the accuracy and currency of the content. In some instances, delays, errors or omissions may occur, which will be corrected at the earliest possible opportunity. 

oVRcome and its content are provided entirely “AS IS”. TO THE FULLEST EXTENT PERMITTED BY LAW, DEVELOPERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE. 

Without limiting the foregoing, Developers make no representations or warranties about the

following: 

1) The accuracy, reliability, completeness, usefulness, adequacy, sustainability, 

currentness, or timelessness of the content, software, text, graphics, links, or 

communications provided on or through the use of oVRcome. 

2) That the content is free from errors and omissions. In no event shall Developers be liable for any damages (including, without limitation, incidental, special, consequential or punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from lost data or inability to use the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Developers are advised of the possibility of such damages. 

3) To the maximum extent permitted by law, the Developers are not liable for:

a) Any special, consequential, indirect, incidental, punitive or exemplary loss or damages of any kind.

b)  Furthermore, you assume the risk in using the app as well as total responsibility for establishing such procedures for data backup and virus checking, as you consider necessary

c) In the event that you suffer loss as a result of our negligence, the maximum amount the Developers will liable for is either re-supplying the affected service or content to you or refunding what you have paid Developers for it within the stipulated timeframe and payment and refund terms and conditions. 

4) Developers are not liable for any personal injury, including death, caused by your use or misuse of oVRcome. Any claims arising in connection with your use of the oVRcome app or any content must be brought within thirty (30) days of the date such action occurred. Remedies under these Terms of Use and Conditions are exclusive and are limited to those expressly provided for in these Terms of Use & Conditions. 

 

GIFTING

“Gift Subscriptions” are pre-paid memberships to the Products. A person who purchases the gift is referred to in these terms as the “Giftor”. A person who receives and redeems a Gift Subscription to the Products is referred to in these terms as the “Recipient”. 

Gift subscriptions are paid for by a one-time upfront payment. Once bought, the Giftor will receive an Order confirmation and receipt. The oVRcome gift subscription will be sent to the Recipient on the Giftor’s specified date. Gifting codes can only be used once in the country for which they were purchased and cannot be redeemed for cash, resold or combined with any other offers. Please note that gifting codes cannot be redeemed if the Recipient has already purchased a subscription through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application. We will automatically bill the Payment Method you provided for any purchased Gift Subscriptions at the time of purchase, not delivery. There are no refunds or other credits for Gift Subscription that are not redeemed. oVRcome will notify the Recipient prior to the end of the Gift Subscription that the gift period is about to expire. oVRcome is not responsible if a Gift Subscription is lost, stolen or used without permission.

 

SCOPE OF LICENSE:

This License is a limited, non-elusive, non-transferable, non-sublicensable license to use oVRcome on any mobile device that you own or control. You may not distribute or make oVRcome available over a network where it could be used by multiple mobile devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense oVRcome. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of modify, or create derivative works of oVRcome or any part thereof. In addition, any commercial copying or distribution, publication or exploitation of oVRcome, or any of its content, software, code, data or materials is prohibited unless you have received express prior written permission from Developers.

 

INDEMNITY:

You agree to defend, indemnify and hold harmless Developers and their affiliates, licensors and suppliers, and their affiliates, licensors and suppliers, and their directors, officers, members, owners, employees, agents and contractors from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from your violation of these Terms of Use & Conditions. Developers are not liable for any personal injury, including death, caused by your use or misuse of oVRcome or the use or misuse by any other person using your App, including any

minor. Any claims arising in connection with your use of the oVRcome app or any content must be brought within thirty (30) days of the date such action occurred. Remedies under these Terms of Use and Conditions are exclusive and are limited to those expressly provided for in these Terms of Use & Conditions.

 

PRIVACY POLICY:

Before you use or continue to use our application we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.

 

APPLICABLE LAW:

By visiting and using this app, you agree that the laws of New Zealand will govern these terms and conditions.

 

COMPLETE AGREEMENT:

These Terms of Use & Conditions constitute the entire agreement between you and Developers with respect to the use of oVRcome and they supersede and take precedence over any prior agreements, understandings or representations not incorporated into these Terms of Use & Conditions.  By continuing in your registration you indicate that you have read and agree to the Terms of Use & Conditions.

For Clinicians

(Updated 3rd November 2023)

Supply and access of oVRcome’s Products

  • These terms (Terms) set out the commercial terms and conditions on which oVRcome Limited (oVRcome, our, us, we) provide access to our self-care programme and online and mobile virtual reality and program content in the health & wellness space, together with any related hardware, software and services (the Products) to you (the psychologist, you, your), for use by you and your registered patients to assist with overcoming phobias and anxieties.

  • If you do not agree to be bound by these Terms, then you must not access or use, or permit or request your patients to access and use the Products.
     

oVRcome’s Obligations

  • For so long as you continue to meet your obligations under these Terms, we will on receipt (and confirmation) of a valid request from you for the Products, sell and supply to you (and/or the patient directly as applicable) the Products in accordance with our standard terms and conditions.

  • We will use reasonable commercial endeavours to deliver access to the Products within a reasonable time, but we will not be liable in any way for any form of loss or damage incurred by you, your patient or any third party in the event that delivery is frustrated or delayed for any reason.
     

Psychologist’s Obligations

You will:

  • only request and supply access to the Products to your registered patients who you have undertaken a consultation with and determined that they are a suitable candidate for, and have the desired skill set to appropriately access and use, the Products;

  • not prescribe and/or request access to anyone under the age of 18 without first obtaining the permission of their parent or guardian;

  • not rely on our Products for diagnosing a patient;

  • obtain consent from your patients to pass on their details to us and for them to access and use the Products;

  • provide us with all necessary co-operation in relation to these Terms, and all necessary access to such information as may be required by us to provide the Products to you and your patients;

  • wherever reasonably practicable, advise us of any suggestions or proposals for enhancing the Products to meet the particular needs of your patients;

  • keep us informed of any concerns and/or complaints in relation to our Products;

  • comply with all applicable laws and regulations with respect to your activities under these Terms; and

  • comply with all terms and conditions imposed by third parties who supply any of the Products or who supply any products or services (e.g. headsets) supplied in conjunction with the Products.

  • You agree that you will not, at any time:

    • do anything to damage our reputation; or

    • pledge our credit, make any warranties about the Products other than the warranties expressly set out in these Terms, in any way bind or attempt to bind us by contract or otherwise or represent that you are connected with us or our agent.

  • From time to time we may offer paid subscription services for individual psychologists to use in connection with the services you provide your patients (Paid Subscription). These Paid Subscriptions are separate from the subscriptions that our customers and your patients may take up. If you subscribe for Paid Subscription services then you agree:

    • to comply with all terms and conditions that we notify you of and that relate to the :paid Subscription;

    • to pay all fees invoiced by us for the Paid Subscription in accordance with our invoice terms;

    • that, unless otherwise agreed by us, each Paid Subscription is limited to the individual psychologist who subscribes for it, and may not be shared with other individual psychologists either inside or outside the clinic; and

    • to permit us to use the logo of your clinic in promoting our services, provided we comply with your reasonable directions regarding use of the logo.
       

Intellectual Property Rights

  • Nothing in these Terms confers on a party any right or interest in, or licence to use, or permit to be used, any of the other party’s intellectual property except as specifically provided for in these Terms.

  • You acknowledge that all intellectual property rights in the Products are proprietary to oVRcome (or its licensors), and will remain owned exclusively by oVRcome, and any new intellectual property which is created in connection with the Products, will be owned solely by oVRcome.

  • You agree that you will not (and will not permit others to) copy, reproduce, translate, reverse-engineer, disassemble, adapt, vary or modify the Products, in whole or in part, nor communicate the same to any person, and will notify us immediately upon becoming aware of or obtaining knowledge of the existence of any circumstances which may suggest that any person may have unauthorised knowledge, possession or use of the Products or our intellectual property rights.

  • “You grant us a fully-paid up, royalty-free, worldwide, perpetual, non-exclusive licence to use, copy, modify and distribute the materials, information and data that you provide or that we otherwise capture on, or through your or your customers’ use of, the Products (“Your Data”) for the purposes of: (a) providing the Products to our customers; (b) improving the Products including by training and enhancing the Products and our various algorithms and models which we use and develop from time to time; and (c) as otherwise reasonably required by us to operate our business.
     

Disclaimers, warranties and liability

  • You acknowledge and agree that:

    • you are a registered psychologist and are suitably skilled, experienced and qualified;

    • we are not a healthcare or medical device provider and that you will not consider our Products to be medical advice;

    • our Products are intended for informational and skill development purposes only and are not intended to replace personal consultations with you;

    • while there is third party evidence from research demonstrating that virtual reality exposure therapy can assist in the prevention and recovery process for a wide array of phobias and anxieties, oVRcome makes no claims, representations or guarantees that the Products provide a physical or therapeutic benefit;

    • we have the right (if we deem it necessary) to contact the patient directly without needing to obtain your further consent, to resolve any outstanding issues in regards to access and/or use of the Products; and

    • we may update, modify or develop the Products from time to time in our sole discretion, and that in some instances, delays, errors or omissions may occur (Issues). If you become aware of any Issues, you agree to report it to us at support@ovrcome.io. We will correct any such Issues at the earliest possible opportunity, and you acknowledge that any such correction may involve us suspending access to the Products while any such Issues are corrected, and that we will not be liable to you (or your patients) if the Products are unavailable while this occurs;
       

We do not warrant:

  • or represent that the content, software, text, graphics, links or communications provided on or through the use of the Products will be accurate, reliable, complete, useful, adequate, sustainable, current or timely;

  • that your or your patients use of the Products will be uninterrupted, error free, or free from viruses; and

  • that the Products will meet your or your patient’s requirements, and except as expressly set out in these Terms, the Products are provided on an “as is” basis and to the extent permitted by law, all representations, conditions or warranties (whether express or implied, statutory or otherwise, and including warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose) in respect of the Products are expressly excluded.

  • You agree to indemnify us against all claims made by third parties (including your patients) against us regarding the use of the Products by you and/or your patients.

  • Notwithstanding anything else in these Terms, and to the maximum extent permitted by law we will not be liable (whether in contract, tort, negligence or otherwise) for any direct, consequential, incidental, punitive, exemplary, indirect or special loss or damage of any kind (including without limitation, any personal injury, wrongful death, lost profits, damages resulting from business interruption, lost data or inability to use the Products or content) arising out of or in connection with these Terms or use of the Products by you and/or your patients.

  • To the extent that we may have any liability to you or your patients, our liability arising out of all claims is limited to either re-supplying the affected service or content, or refunding the relevant subscription fee that has been paid for the affected service, provided that any claims are brought within thirty (30) days of the date such action occurred.
     

Suspension and Termination

We may, at our discretion, suspend or cancel your access to, or use of, our Products if you fail to comply with these Terms, or if we cease to make the Products available. If we cancel your access to or use of the Products, then these Terms will terminate.

On termination for any reason:

  • you will cease to have any further rights under these Terms and will stop using our Products; and

  • the obligations in respect of intellectual property, confidentiality, indemnities and liability will survive termination.
     

General

Any notice or communication given under these Terms, must be in writing and delivered by personal delivery, tracked courier or email to the address of the relevant party and marked for the attention of the relevant party’s contact person. A notice or communication will be deemed to be received in the case of personal delivery and tracked courier, when delivered, and in the case of email on the business day which it was sent if sent between the hours of 9am and 5pm (in the place of receipt) or, if sent after 5pm on the next business day (in the place of receipt) after the date it was sent.

The parties agree that these Terms will remain absolutely confidential between the parties and their legal advisers, and that they will treat as confidential all information obtained from the other pursuant to these Terms which is marked or identified as confidential or which by its nature is clearly confidential, and not divulge any such information to any person without the other party’s prior written consent.

If any paragraph of these Terms (or part thereof) is unenforceable, invalid, or illegal, the remaining terms will continue in full force and effect (subject to any amendments necessary to address the part that is no longer enforceable).

We reserve the right to change these Terms at any time and will provide you with reasonable notice if we do. Your continued access and use of our Products following notification of any changes will constitute acceptance of those changes. If you do not agree with any aspect of the updated Terms, you must immediately cease all use of our Products.

Neither party can assign or transfer any of their rights or obligations under these Terms without the prior written consent of the other party.

No waiver of any breach of, or failure to enforce these Terms (or any part thereof) will limit either party’s right to enforce strict compliance with other terms at any time.

The laws of New Zealand will govern the validity of these Terms and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.

For Vaping Addiction Program

Terms and Conditions (Updated 3rd November 2023)

Please read oVRcome Terms and Conditions carefully before using oVRcome. 

 

oVRcome is a supported self-care programme and provider of online and mobile VR and program content in the health & wellness space. oVRcome has been designed in compliance with established clinical practice guidelines laid out by the RANZCP. It is not meant to replace therapy with a trained mental health practitioner. Using oVRcome may help with general mental wellness or supplement existing therapy. If you have any reservations about using oVRcome, be sure to discuss these with your mental health practitioner before starting a program.
We are not a healthcare or medical device provider, nor should our Products be considered medical advice. Only your physician or other healthcare provider can give you medical advice. While there is third party evidence from research that shows VR exposure therapy can assist in the prevention and recovery process for a wide array of phobias and anxieties, oVRcome makes no claims, representations or guarantees that the Products provide a physical or therapeutic benefit.  

We advise you to get advice from a qualified professional person if you are worried about how you are feeling. If you feel adverse effects we recommend you consult a registered psychologist immediately and email support@ovrcome.io

The content contained within the oVRcome app is the result of the development of a unique program to help people overcome phobias and anxieties more easily through accessible, Virtual Reality (VR) based exposure therapy. By using oVRcome, you are agreeing to comply with these Terms of Use & Conditions each time you use the app.  Please make sure that you read these terms carefully before using the app. If you do not agree with all of these Terms of Use & Conditions, please do not use oVRcome.

The information, material and content provided in the pages of this App may be changed at any time with or without notice, including these terms and conditions. If you do not agree to these updated terms, then you may not access or use the app and you must immediately exit and delete the app from your device.

 

Although we aim to offer you the best service possible, we make no promise that the Products will meet your individual requirements and we cannot guarantee that the Products will be free from all or any issues. Should a fault occur in the Products, please report it to us at support@ovrcome.io and we will do our best to correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time.

 

GENERAL INFORMATION - NOT MEDICAL ADVICE

oVRcome is intended for informational and skill development purposes only. oVRcome is not intended to replace personal consultation with a qualified healthcare professional or to provide medical treatment or advice for you or any other person, including children. If you need more help than this program can offer, it is advisable to contact your doctor or an institution for professional healthcare in your area. You should always obtain professional or medical advice appropriate to your own circumstances, with any questions you may have regarding a health or medical condition. oVRcome cannot be used for diagnosis. Should you seek a medical or mental health diagnosis, you should consult a medical practitioner or mental health professional. Consult your doctor or therapist before using oVRcome if you suffer from a heart condition, mood disorder, epilepsy or a psychiatric or neurological condition. If you use the appropriate function to invite your mental health practitioner to view your progress in the App and/or to provide you with assistance, you must ensure that your mental health practitioner is a registered practitioner and capable of helping you with the functions and guidance of the App. We are not responsible or liable for any failure by your mental health practitioner to successfully engage with or use the App and/or improve your outcomes. Your specific phobias or social anxiety program will start with psychoeducation about specific phobias/social anxiety and guidance on healthy lifestyle changes as recommended by RANZCP. If you find that oVRcome does not work for you, RANZCP recommends:
 

  • Face-to-face Cognitive Behavioral Therapy (CBT) with a trained clinician

  • Discussing medication with your mental health provider as part of your treatment

  • The RANZCP warns against certain medications and states that in the treatment of Social Anxiety, “Buspirone, antipsychotic agents and beta blockers should not be used.” (pg. 1139, para. 4)
     

If you would like more information on how oVRcome complies with widely accepted clinical practice guidelines set out by The RANZCP, contact us at support@ovrcome.io.

MEMBERSHIPS AND SUBSCRIPTIONS

You may register as a user of the oVRcome App by downloading the App to your personal device. A current subscription is required to access oVRcome content. You acknowledge and agree that oVRcome is authorized to charge the initial subscription fee from the credit card details that you provide to us together with all ongoing monthly or annual payments until such time as your subscription is terminated. You will need to register your name and contact details, and your desired program.  You are responsible for restricting access to your device. You are also responsible for maintaining the accuracy of your information and you agree to keep it up to date.

 

SUBSCRIPTIONS

As a member, you may register for a monthly or annual paid subscription fee-based program, which provides you with full access to the oVRcome programs and related content. You will only have access to the program while your subscription is current.  Any initial purchase is final and non-refundable. You must terminate your subscription prior to the monthly or annual recurring subscription date in order to avoid the next payment.  You cannot claim a refund for the remaining portion of any month or year after termination. 

 

When purchasing the subscription via the oVRcome website, your monthly or annual subscription is managed by oVRcome. Termination of your subscription is made by you in the App (using the cancel function in the settings), or by emailing support@ovrcome.io. All prices are in USD.

 

When purchasing the subscription via the app, your subscription is managed via your Apple or Google account, including termination. The cost of your subscription may be automatically converted into your local currency by Apple or Google.

 

You are responsible for all applicable fees and charges incurred, including any relevant taxes, and all subscriptions that you purchase. We reserve the right to change our subscription plans, including fees, at any time in our absolute discretion.  Such changes will only take effect after we have provided you with advance warning.

 

HARDWARE

oVRcome headset is available for purchase as part of the subscription. We currently ship from the US and New Zealand. Shipping is free in the US and otherwise calculated at checkout. For overseas orders, international fees and delivery time frames apply. Deliveries may also incur extra duty. All prices are in USD.

 

When purchasing via Web, oVRcome headset is automatically added to your order. It is free with an annual subscription but paid extra with a monthly subscription, as part of one transaction. 

 

When purchasing via App, oVRcome headset is represented as an extra cost, payable in USD separately from the subscription. You can opt-out of receiving the headset and only purchase the subscription. 

 

INTELLECTUAL PROPERTY RIGHTS: 

oVRcome contains a range of content such as questions, images, logos, games, personalized features and descriptions of services. The aforementioned content is subject to intellectual property rights. Unless otherwise indicated, oVRcome Ltd (henceforth referred to as the “Developers”) own the copyright and other intellectual property rights on the content of oVRcome. You grant us a fully-paid up, royalty-free, worldwide, perpetual, non-exclusive licence to use, copy, modify and distribute the materials, information and data that you provide or that we otherwise capture on, or through your use of, the oVRcome products, services and app (“Your Data”) for the purposes of: (a) providing oVRcome and our related products and services to our customers; (b) improving oVRcome and our related products and services including by training and enhancing oVRcome and our various algorithms and models which we use and develop from time to time; and (c) as otherwise reasonably required by us to operate our business.

 

MINORS

oVRcome is only intended for use by children under the age of 18 where specifically stated in the programme. Users under the age of 18 years should only use the app by a parent or guardian selecting the appropriate function and with the continuing oversight of a parent or guardian, including by the selection of the appropriate content for your child within the App.  A parent or guardian is entirely responsible for making appropriate content choices for the child and if any content is unsuitable, the parent or guardian must immediately review the controls to ensure that the unsuitable content is removed as we are unable to do so where this has been pre-selected by the parent or guardian.  Examples of unsuitable content include scenes of alcohol consumption, older age groups or any content that simply makes the child feel uncomfortable, as this may result in a failure to improve or a worsening of their condition. If, at any time, you consider that your child is not capable of completing the programme, then you must withdraw that child immediately. Your use of oVRcome and your reliance on its content by any minor is entirely at your own risk. 

 

LIMITATION OF LIABILITY:

oVRcome will be subject to updates as necessary to maintain the accuracy and currency of the content. In some instances, delays, errors or omissions may occur, which will be corrected at the earliest possible opportunity. 

oVRcome and its content are provided entirely “AS IS”. TO THE FULLEST EXTENT PERMITTED BY LAW, DEVELOPERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE. 

Without limiting the foregoing, Developers make no representations or warranties about the

following: 

1) The accuracy, reliability, completeness, usefulness, adequacy, sustainability, 

currentness, or timelessness of the content, software, text, graphics, links, or 

communications provided on or through the use of oVRcome. 

2) That the content is free from errors and omissions. In no event shall Developers be liable for any damages (including, without limitation, incidental, special, consequential or punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from lost data or inability to use the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Developers are advised of the possibility of such damages. 

3) To the maximum extent permitted by law, the Developers are not liable for:

a) Any special, consequential, indirect, incidental, punitive or exemplary loss or damages of any kind.

b)  Furthermore, you assume the risk in using the app as well as total responsibility for establishing such procedures for data backup and virus checking, as you consider necessary

c) In the event that you suffer loss as a result of our negligence, the maximum amount the Developers will liable for is either re-supplying the affected service or content to you or refunding what you have paid Developers for it within the stipulated timeframe and payment and refund terms and conditions. 

4) Developers are not liable for any personal injury, including death, caused by your use or misuse of oVRcome. Any claims arising in connection with your use of the oVRcome app or any content must be brought within thirty (30) days of the date such action occurred. Remedies under these Terms of Use and Conditions are exclusive and are limited to those expressly provided for in these Terms of Use & Conditions. 

 

GIFTING

“Gift Subscriptions” are pre-paid memberships to the Products. A person who purchases the gift is referred to in these terms as the “Giftor”. A person who receives and redeems a Gift Subscription to the Products is referred to in these terms as the “Recipient”. 

Gift subscriptions are paid for by a one-time upfront payment. Once bought, the Giftor will receive an Order confirmation and receipt. The oVRcome gift subscription will be sent to the Recipient on the Giftor’s specified date. Gifting codes can only be used once in the country for which they were purchased and cannot be redeemed for cash, resold or combined with any other offers. Please note that gifting codes cannot be redeemed if the Recipient has already purchased a subscription through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application. We will automatically bill the Payment Method you provided for any purchased Gift Subscriptions at the time of purchase, not delivery. There are no refunds or other credits for Gift Subscription that are not redeemed. oVRcome will notify the Recipient prior to the end of the Gift Subscription that the gift period is about to expire. oVRcome is not responsible if a Gift Subscription is lost, stolen or used without permission.

 

SCOPE OF LICENSE:

This License is a limited, non-elusive, non-transferable, non-sublicensable license to use oVRcome on any mobile device that you own or control. You may not distribute or make oVRcome available over a network where it could be used by multiple mobile devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense oVRcome. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of modify, or create derivative works of oVRcome or any part thereof. In addition, any commercial copying or distribution, publication or exploitation of oVRcome, or any of its content, software, code, data or materials is prohibited unless you have received express prior written permission from Developers.

 

INDEMNITY:

You agree to defend, indemnify and hold harmless Developers and their affiliates, licensors and suppliers, and their affiliates, licensors and suppliers, and their directors, officers, members, owners, employees, agents and contractors from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from your violation of these Terms of Use & Conditions. Developers are not liable for any personal injury, including death, caused by your use or misuse of oVRcome or the use or misuse by any other person using your App, including any

minor. Any claims arising in connection with your use of the oVRcome app or any content must be brought within thirty (30) days of the date such action occurred. Remedies under these Terms of Use and Conditions are exclusive and are limited to those expressly provided for in these Terms of Use & Conditions.

 

PRIVACY POLICY:

Before you use or continue to use our application we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.

 

APPLICABLE LAW:

By visiting and using this app, you agree that the laws of New Zealand will govern these terms and conditions.

 

COMPLETE AGREEMENT:

These Terms of Use & Conditions constitute the entire agreement between you and Developers with respect to the use of oVRcome and they supersede and take precedence over any prior agreements, understandings or representations not incorporated into these Terms of Use & Conditions.  By continuing in your registration you indicate that you have read and agree to the Terms of Use & Conditions.

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