Terms & Conditions
These are the terms and conditions for usage of the this website www.butterfly-vision.ie
Please read these terms and conditions carefully to avoid confusion.
- Responsibility of our doctors for their patients during video or phone consultations
- The importance of providing true, timely and complete information
- Scope of services provided
- Your Doctors Online account
- Our privacy statement, GDPR and patient confidential data
- Reserving the right to provide medical services
- Vulnerabilities of electronic communications and post
- Exclusive jurisdiction of the Irish courts
- Change to these terms and conditions
1. Acceptance of Butterfly Vision Terms and Conditions
By using the Butterfly Vision service you are deemed to understand, consent to and agree to be legally bound by these Terms and Conditions.
If you do not understand and agree to these terms and conditions you should not use this service.
The term ‘the Butterfly Vision website’ means the URL www.butterfly-vision.ie and associated pages.
The term ‘consultant’ or ‘surgeon’ means a doctor registered as a medical practitioner with the Medical Council of Ireland.
The term ‘law’ shall be construed as a reference to any law (including common or customary law), statute, judgment, regulation, directive, bye law, order, ordinance or any other legislative measure of any government, supranational, local government, statutory or regulatory body or court, in each case having the force of law.
The term ‘Terms and Conditions’ comprises of paragraphs 1 to 16 and includes the Privacy Statement and the Disclaimer.
3. Responsibility of our doctors for their patients during online consultation
During an online consulation our doctors take exactly the same personal responsibility for each patient as they would if they were seeing a patient face to face. The online nature of this service in no way diminishes the professional obligations that our doctors owe to a patient.
Similarly, the existence of Butterfly Vision as the legal entity behind the Doctors Online service in no way seeks to diminish the professional obligations that our doctors owe to a patient.
The material and information available on the Butterfly Vision website is intended for informational purposes only, and does not constitute health or other advice nor should it replace face-to-face consultations with your own family doctor or medical specialist.
Please consult a health care professional for specific recommendations about your condition.
In addition, the information made available on the Butterfly Vision website changes rapidly and therefore, some of the information may be out of date.
You agree to bear all risk associated with the use of or reliance on any such information, and release and hold Butterfly Vision harmless from any cause of action that may arise in connection with your reliance on information contained in the Doctors Online website.
4. The importance of providing true, timely and complete information
You agree that all information that you provide to our doctors will be true and complete to the best of your knowledge and that you will not purposefully omit to provide information that could reasonably be judged to be potentially relevant to our doctors in providing the service.
You should not register or complete any forms on the Butterfly Vision website on behalf of anyone other than yourself.
5. Scope of services provided
Our doctors provide medical services including online video consultations and phone consultations for advice on (a) laser eye surgery, and (b) cataract, retinal and refractive surgery.
Butterfly Vision is not a pharmacy we do not dispense or deliver any medicines.
6. Your account on the Butterfly Vision website
You agree that you will not share your Butterfly Vision username and password with anyone.
You acknowledge that you will take all reasonable steps to ensure that a third party does not gain access to your account.
You agree that you will take all reasonable steps to ensure that any device that you use to set up or access your account is suitably protected from potential hazards by firewalls, anti-virus software and other such security applications. You agree that you will not create more than one Butterfly Vision account.
You agree that if when creating your account you provide an email address or contact telephone number, you consent for us to contact you by email and telephone if and when the need arises.
7. Privacy statement, GDPR and patient confidential data
Butterfly Vision has a legal obligation to protect all patient confidential data which is over and above what is required by GDPR.
We are not allowed to share patient confidential data with third parties, including other doctors, who are unconnected to our service without your explicit consent.
To provide this service to patients it is necessary that both our doctors and our non-medical staff have access to patient contact details and any patient confidential data that may have been shared on one of our contact forms or during a video or telephone consulation where the doctor has made a record of that consultation.
All access to patient information is kept to the minimum required to allow the safe and effective delivery of our services.
All patient confidential data is stored electronically and encrypted in the cloud.
You have a legal right to obtain any information that we hold about you.
8. Reserving the right
We reserve the right to refuse service to anyone for any reason at any time.
In such cases and where payment for a service has been received, a notification message will be sent to your Butterfly Vision account dashboard and you will receive a full refund.
9. Vulnerabilities of electronic communications and post
The online nature of the Butterfly Vision service necessarily relies upon using electronic forms of communication, post, mobile, landline and SMS.
There are inherent vulnerabilities in using such forms of communication and we are therefore unable to give a guarantee that a third party unrelated to our service will not intercept communications.
To the fullest extent permitted by applicable law, under no circumstances will Butterfly Vision, or Butterfly Vision employees, doctors or partner services providers be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of emotional well-being including, but not limited to, any embarrassment caused (b) loss of data; (c) loss of revenue or anticipated profits; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill or injury to reputation; (g) losses suffered by third parties; or (h) any indirect, consequential, special or exemplary damages arising from the use of the Doctors Online service regardless of the form of action.
You agree that to the fullest extent permitted by applicable law, Butterfly Vision makes no representations or warranties with respect to any treatment, information, advice or action relied on or followed by any person using the Butterfly Vision service.
Butterfly Vision does not warrant that the Butterfly Vision websites or this service in general will be either available without interruption or error-free or that the website, server, hardware and software that support the Butterfly Vision service are free from viruses or something that may interfere with the normal operations of your systems.
Butterfly Vision will not be liable for any loss or damage resulting from the transmission of data as may occur during communications with Doctors Online.
To the fullest extent permitted by applicable law, Butterfly Visione disclaims any liability resulting from the provision of services by third party providers.
Liability shall rest with the appropriate third party provider and shall not under any circumstance be deemed to rest with Butterfly Vision.
11. Exclusive jurisdiction of the Irish courts
If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reasons of the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
The above terms and conditions shall be governed by and construed in accordance with Irish law and you irrevocably submit to the exclusive jurisdiction of the Irish Courts.
12. Change to Terms and Conditions
Butterfly Vision reserves the right to change these terms and conditions at any time by posting changes online.
You are responsible for regularly reviewing information posted online to obtain timely notice of such changes.
Your continued use of the website and the entire Butterfly Vision service after changes are posted constitutes your acceptance of these terms and conditions as modified by the posted changes.
Last Updated: 15th July 2020