Terms and Conditions (Updated 23rd November 2022)

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 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.

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 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 isare 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. 

 

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, 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.

 

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.