Terms and Conditions (Updated 17th January 2021)
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. 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 firstname.lastname@example.org.
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 email@example.com 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. 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 many 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.
INTELLECTUAL PROPERTY RIGHTS:
oVRcome contains a range of content such as questions, images, logos, games, personalized features and descriptions of services. The aforementioned content are 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.
oVRcome is not intended for use by children under the age of 18 unless specifically stated in the programme. Users under the age of 18 years should only use the app with the permission and oversight of a parent or guardian. 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
Without limiting the foregoing, Developers make no representations or warranties about the
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.
Payment and Refund
We will charge the Transaction Amount to your credit card, the details of which you have provided to us during the payment process. We may (at our sole discretion) refund a Transaction Amount charged on the programme, provided that you adhere to our refund process as notified from time to time. We will only refund Transaction Amounts to the corresponding credit card account you have signed up with. Refunds are not transferable between your businesses, even where those businesses each have a valid user account with us. The refund amount will exclude the price of the headset unless (at our sole discretion) we include it.
Provided you have not completed more than half of the programme by the time you are requesting a refund through the app, you are eligible for a refund of the cost of the programme (excluding the headset). We may (at our sole discretion) refund you under special circumstances. The refund process is in the Help section of the app.
“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, including free trial. 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.
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.
By visiting and using this app, you agree that the laws of New Zealand will govern these terms and conditions.
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