Please note that by accessing the System, You are agreeing to the terms and conditions set out below. If You do not agree to these terms, please DO NOT access the System. All inquiries relating to these terms should be sent to [insert local market MyAlcon Direct email address (or email address that will handle MyAlcon Direct inquiries)].

1.1 The System is an online e-Commerce platform used for the ordering, purchase and delivery of Alcon products. Alcon is the provider and operator of the System. The purpose of the System is to:

1. provide You with an easy and intuitive way of submitting orders for Alcon products, and
2. enable You to ensure delivery of the Alcon products directly once You have registered on the System. The System enables You to set up an account, and You may log in at any time to order and request delivery of those Products for the duration of your prescription or correction. The System will record your personal information in accordance with the applicable law, including your prescription or correction and relevant health data, to avoid repeated data entry for future ordering.

2.1 This System is intended to be used by any individual who is aged 18 or over.
2.2 You will be required to register to use the System and You will be asked to set up a password to access the System. You should keep your password and change it regularly. You must log on to the System using your own Log in ID (email address) and password. You must not use another person’s Log in ID and password or allow anyone else to log on to the System using your Log in ID and password. You are responsible for ensuring that your Registration Data (including any amendments to such made by You) is accurate and complete. Consequently, all information should be careful submitted into the System by You. Once orders have been placed on the System, they may not be able to be amended once processed and/or dispatched.
2.3 You may use the System for purpose of enabling you to use it, and as permitted by these Conditions of Use and any Terms related. You may not incorporate any portion of the System into of other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify create derivate works of distribute, assign any rights to or license the System in whole or in part. You acknowledge and agree that all content included the System is owned, controlled or licensed to Alcon and is protected by trade dress, copyright, trademark, service mark, patent or other proprietary rights and laws.
2.4 In using the System, You shall not:

1. disable or interfere in any way with the access to or use of the System.
2. transmit nor permit the transmission of any unlawful, discriminatory, threatening, libelous, defamatory, obscene, scandalous, defamatory or profane material through the System or carry out any other adverse act or omission in relation to the System.

2.5 You shall ensure that Your internal network connection is strong and operating securely to minimize the risk of unauthorized access to the System.

ALCON IS NOT A HEALTHCARE PROVIDER. Any Medical information contained on the System is intended for general information purposes only. Information concerning any product is not intended to provide, or substitute, medical advice. Any advice required on a medical condition should be obtained from a qualified Eye Care Professional. The System is in no way intended to offer medical diagnosis or patient-specific treatment advice. The products are intended exclusively for private use.

Alcon will Process your Personal Data as laid out in our Consumer Privacy Policy. We rely on your explicit consent regarding any health-related data such as prescription data.

5.1 By continuing to access the System, You are confirming that You agree to these Terms.
5.2 If You do not have the authority to agree to these Terms, please ensure You obtain such authority prior to continuing to use the System.

In the event that Alcon becomes aware, at any time, that You have breached or violated any of these Terms, we may immediately take corrective action, including preventing you from accessing the System, at any time and without notice. If we have been injured by your breach or violation, Alcon may, at its sole discretion, seek to recover damages from You.

Alcon may at any time revise these Terms and shall notify You of any updates upon access to the System. By continuing to access the System, You are bound by any such revision to these Terms as notified to You by Alcon.

8.1 Alcon does not warrant that:
8.1.1 Your use of the system will be uninterrupted or free from error; and
8.1.2 The system will be free from viruses, trojans, back doors or any other malicious code.
8.2 Alcon does not accept any responsibility or liability in respect of any claims, damages, losses, costs and expenses suffered or incurred by You as a result of or in connection with:
8.2.1 Any incomplete or inaccurate or late end user registration data that has been entered into the system by You; and/or
8.2.2 Accidental or unlawful destruction or accidental loss, unauthorised disclosure or access to the end user registration data directly or indirectly caused by the act, omission, negligence or recklessness of You.
8.3 To the fullest extent permissible by applicable law, Alcon excludes its liability, whether in tort (including for negligence or breach of statutory duty), contract or otherwise, for: (a) any loss, damage or costs suffered or incurred by You arising from viruses or other harmful components received via the system; or (b) any loss of profits, loss of business, depletion of goodwill or similar losses, loss of anticipated savings, loss of contracts, loss of use, loss or corruption of data or information, or any special, indirect, consequential or pure economic loss suffered or incurred by You and/or the client in connection with or arising out of access to, use of, or inability to use the system. Although Alcon, at its sole discretion, may elect to make updates and/or fixes to the System or System Functionality/Services, you acknowledge and agree that Alcon has no obligation whatsoever to do so.

These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of [insert jurisdiction for your market]. Each party irrevocably agrees that the courts of [insert jurisdiction for your market] shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).

Any Product Complaints (Adverse Events and Medical Device Malfunctions) and Events of Special Interest should be immediately reported to Alcon using the [INCLUDE LOCAL MECHANISM].

The failure of Alcon to enforce any provisions of these Terms & Conditions or respond to a breach by You or other parties shall not in any way waive its right to enforce subsequently any terms or conditions or to act with respect to similar breaches.

Except to the extent otherwise permitted under applicable law, Alcon will process your personal data only as described in the Platform Privacy Policy and in these Terms of Use. You agree, represent and warrant that you will limit your disclosure to Alcon of information that is, or that you consider to be, your personal data/information to the minimum extent necessary for Alcon to provide you with access to and/or use of the Platform and Platform Functionality/Services to the extent to which you are granted access/use hereunder. You represent and warrant that, to the extent you provide your personal data/information to Alcon, you have received and provided all consent and disclosures/notices required under applicable law.

Alcon: Means [insert jurisdiction and legal entity details for your market], the provider of the System.

You: Means the individual to which Alcon provides access to the System for registering, managing End User Registration Data and/or purchasing the Products.

Data Controller: Has the meaning given to that term in the Data Protection Legislation.

Data Processor: Has the meaning given to that term in the Data Protection Legislation.

Data Protection Legislation: means any applicable law relating to data protection, privacy and the processing of Personal Data including but not limited to: (i) the General Data Protection Regulation (EU) 2016/679 (ii) Privacy and Electronic Communications (EC Directive) Regulations 2003; (iii) Swiss Federal Data Protection Act; (iv) the UK equivalent to the General Data Protection Regulation (EU) 2016/679 (“UK GDPR”); etc.

Data Subject: Has the meaning given to that term in the Data Protection Legislation and may be a consumer or patient.

End User: Is a consumer or p atient who is to receive Alcon products that have been ordered and processed through the System.

End User Registration Data: Means any data (which may include Personal Data) which has previously been provided by You or will be provided by You in the future and of which You are the Data Controller, for the management of registrations for Alcon products via the System. Such data may comprise, for example and without limitation, names, email addresses, telephone numbers, home addresses, work addresses and prescription data.

Personal Data: Has the meaning given to that term in Data Protection Legislation.

Prescription: instruction issued by an Eye-Care Professional which allows to purchase contact lenses that match End User’s requirements.

Processing and Process: Have the meaning given to that term in Data Protection Legislation.

Products: Means the Alcon products that can be ordered via the System in accordance with these Terms which may be amended by Alcon from time to time and updated on the System.

System: Is the MyAlcon Direct Patient Management System which is the online system described at clause 1.1 above.