Terms of Service

The rules for using our site and everything you can do through it

Read our pages, buy a patch or a pair of glasses, take a course, download a resource, subscribe to our emails, or book a consultation with Dr Claire. By using the site or buying from us, you agree to what is written here.

Four things up front, in plain terms.

• Two sides to the business. Our website and everything you buy through it is run by Kids Eyes LLC. Your consultations are delivered by Dr Claire's practice. Who is who is set out below.
• Reading is not the same as care. What you read on our site is education. A consultation with Dr Claire is care. Our Disclaimer explains the line between them.
• We are not an emergency service. If your child needs urgent help, go to your nearest casualty or eye emergency unit. Do not wait for an appointment.
• If something goes wrong we will sort it out fairly, and within the law. A faulty product, an appointment that has to move: tell us.

The rest of this page fills in the detail.

A group of companies, each doing a different part of the job

• Kids Eyes LLC runs this website and everything you buy or book through it: courses, resources, shop products, email subscriptions and consultation bookings. When you buy or book online, this is who you are contracting with.
• Kids Eyes (Pty) Ltd delivers the consultations you book, and runs the practice side.
• Dr Claire Cullen Inc is Dr Claire's registered medical practice. South African law requires a doctor's practice to be registered in the doctor's own name, and this is the practice that treats your child.
• Kids Vision SA runs the school vision screenings.
• plusoptiX provides the screening and diagnostic equipment.

Throughout this page, "we", "us" and "our" mean Kids Eyes and whichever company in the group is providing the thing you are using.

Read, buy, learn, or book time with Dr Claire

• Read our educational articles, condition pages and resources
• Buy physical products such as eye patches and glasses
• Buy and take our online courses, such as Patch to Progress
• Download free or paid resources
• Subscribe to our emails
• Book a virtual or in-person consultation with Dr Claire

We may add, change or stop offering any of these at any time, and we may withdraw or amend the site itself without notice. If we change or discontinue something you have already paid for, we will deal with it under the refund terms below and the law.

Everything we sell, run or give away, in one word

These terms use "the Services" throughout. It is a deliberately wide word, because we do a number of different things and the same rules apply to all of them.

"The Services" means all of the following, whether paid or free, online or in person:

• The Website itself, and everything on it: articles, condition pages, the glossary, FAQs and any tool or search we build into it.
• Physical products sold through our shop, such as eye patches, glasses and accessories.
• Online courses and programmes, such as Patch to Progress, and any membership or private area that comes with them.
• Downloadable resources: guides, charts, templates, worksheets and printables, whether paid for or given in exchange for an email address.
• Consultations, virtual and in person, and any procedure, follow-up or school screening arranged through us.
• Communities and communications: our newsletters, the Brave Eye Club, and any group, comment area or messaging channel we run.
• Anything else we offer, add or start offering later, including things that do not exist yet.

We may add to, change, suspend, price, reprice, limit or stop any of the Services at any time, in whole or in part, without notice, and we are not liable to you or anyone else for doing so. Where we stop something you have already paid for, we deal with it under the refund terms below and the law. We may also limit a Service to particular people, countries or regions, and any offer is void where it is prohibited.

We do not promise that any Service will meet your expectations, or that faults in it will be corrected.

An adult, acting for a child they are legally entitled to act for

This is a paediatric practice, so almost everything here is about a child. It is still written for the adult looking after them.

• By agreeing to these terms you confirm that you are at least the age of majority where you live, and that you have the legal capacity to enter into this agreement.
• A child may not create an account, make a purchase, or book a consultation on their own.
• If a child in your care uses this site, you confirm that you consent to it and take responsibility for it.

Separate written consent is taken by the practice for examination, treatment and any procedure. These terms do not replace it, and nothing here is consent to treatment.

How we handle a child's information is set out in our Privacy Policy.

Use the site honestly, and leave other people alone

You may use the Website, the Services and our community spaces only for lawful, honest purposes. You agree not to misuse them, and specifically not to:

• use them for any unlawful or unauthorised purpose, break any law that applies to you, or ask or encourage anyone else to;
• infringe our intellectual property rights or anyone else's, including copyright, trade marks, privacy and personality rights;
• publish, broadcast or reproduce any of our material in any other medium without our written permission;
• sell, resell, sublicense, rent or otherwise commercialise any of our material or any Service you have bought;
• do anything that is, or may be, damaging to the Website, to the Services, or to Kids Eyes;
• use the Website or any Service in a way that harms, or could harm, any other person, member or business;
• use the Website in any way that affects, restricts or inhibits anyone else's access to it or enjoyment of it;
• send or upload worms, viruses or any other code of a destructive nature, or anything that could affect how the Website or any related site operates;
• interfere with or get around the security features of the Website or any Service;
• obtain, or try to obtain, any material or information by means we have not deliberately made available to you;
• use the Website or a Service in a way that could damage, disable, overburden or impair it;
• engage in data mining, data harvesting, scraping, spidering, crawling or any similar activity, or spam, phish, pharm or pretext;
• collect or share another person's personal information without their consent;
• submit false or misleading information, create a fake profile, use a false email address, or pretend to be someone you are not;
• falsify or remove any author credit, copyright notice, legal notice or ownership label on anything you find here;
• advertise, market or offer to buy or sell anything for business purposes, including in our community spaces, without our written permission;
• run or forward surveys, contests, chain letters, pyramid schemes, multi-level marketing, or get-rich-quick or cryptocurrency promotions;
• download a file posted by another member that you know, or ought to know, cannot lawfully be distributed that way;
• harass, abuse, insult, bully, threaten, defame, intimidate or discriminate against our team or anyone else, or make degrading remarks about any person or group, including on grounds of gender, sexual orientation, culture, religion, ethnicity, race, age, national origin or disability;
• use the Website or any Service for any obscene or immoral purpose;
• break any additional code of conduct or guideline that applies to a particular community, course or group.

What we may do about it.

• We may refuse service to anyone, at any time.
• We may suspend or terminate your access to the Website, a community, a course or any part of the Services, in whole or in part, at any time and without notice, if you break these rules or we reasonably suspect you have. You remain liable for anything already owed.
• Where access is ended for a breach of these rules, no refund, pro-rata refund or partial refund is due, to the extent the law allows.
• We may edit, refuse to publish, or remove any material, in whole or in part, at our discretion.
• Parts of the Website are restricted, and we may restrict access to any part of it, or to all of it, at any time.
• We may disclose any information as necessary to satisfy any law, regulation, legal process or lawful request from an authority.

None of this is aimed at parents asking questions. It is aimed at the small number of people who turn up to sell something, scrape something, or be unpleasant to somebody else's family.

Your account is yours alone, and the password is your job

• Everything you tell us when you register or buy must be correct, current and complete, and you agree to keep it up to date, including your email address and payment details, so we can reach you and complete your orders.
• Keep your username and password confidential. Do not share them, and do not let anyone else use the site through your account.
• Tell us straight away if you think someone has got into your account or your password is no longer secure.
• Log out at the end of a session, and take particular care on a shared or public computer.
• We may disable any username or password at our discretion, including where we believe these terms have been broken.
• It is a condition of your use of the Website, and of any resource you download from it, that everything you provide when you register or use any interactive feature is correct, current and complete.

To these terms, and to us contacting you about what you asked for

• By using the Website, registering, completing a form, buying, or booking, you agree to these terms and to our Privacy Policy, and you confirm that the information you give us is yours to give and is accurate.
• You consent to us contacting you about your account, your orders and your appointments. Those are service messages, not marketing, and you will receive them while you have an active relationship with us.
• Marketing is different, and it is opt in. You join our mailing list only by ticking the consent box on a form. We do not add you because you bought something or downloaded a resource, and you can unsubscribe at any time without it affecting your child's care.
• Visiting the Website and emailing us are electronic communications, and you consent to receiving ours electronically.

Two kinds of appointment, and they are paid for differently

• A virtual consultation is a video call with Dr Claire. The fee is shown when you book and is paid at the time of booking.
• An in-person consultation at the practice takes no payment online. Fees depend on what is needed on the day and are settled with the practice.

You will be asked to complete a short history or intake form so Dr Claire can prepare. Please give accurate and complete information. The quality of the consultation depends on it.

Changing or cancelling an appointment is dealt with below, and the terms that apply are also shown when you book.

For a virtual consultation you are responsible for a working device, camera and internet connection, and a private, well-lit space. The call is hosted on a third-party service, currently Google Meet, and we do not control it. If a call cannot go ahead because of a problem on your side, the cancellation terms may apply.

If we need to move or cancel an appointment, we will offer you the next available slot or a refund of anything you have paid for that appointment.

We need 24 hours notice, and what happens next depends on the type

• Virtual consultations are paid when you book. If you do not cancel or reschedule at least 24 hours before the appointment, or you do not attend, the payment is forfeited.
• In-person consultations take no payment up front. If you do not cancel at least 24 hours before the appointment, or you do not attend, the doctor reserves the right to bill for the missed appointment or to charge a cancellation fee.

We know that children get ill and life happens. If something genuinely unavoidable comes up, tell us, and we will be reasonable about it.

If we need to move or cancel an appointment, we will offer you the next available slot or a refund of anything you have paid for that appointment.

Do not book. Go to casualty.

Consultations are not for emergencies, and neither is this website. If your child has sudden vision loss, an eye injury, severe pain, a chemical splash, or any symptom that worries you urgently, go to your nearest casualty or eye emergency unit now. Do not wait for an appointment, and do not wait for a reply to an email or a message.

We may, and here is exactly what that means

We may record or keep a record of calls, video consultations, messages, emails and meetings between you and us. We do it for reference, for quality and training, to keep an accurate account of what was said and agreed, and to help resolve a dispute if one arises.

• By booking with us or dealing with our team, you consent to that recording and record keeping.
• Recordings and records belong to us. Being recorded does not give you a claim to the recording.
• They are confidential. We do not publish them or share them for marketing, and we do not hand them to anyone outside the practice except where the law requires it or a dispute or legal process makes it necessary.
• Anything clinical is part of your child's record, and is held by the practice under the doctor's duty of confidentiality, the National Health Act and HPCSA rules. How long we keep it is set out in the Privacy Policy.
• Agreements reached by email, message or electronic signature are binding, and the record of them stands as writing.
• Where the law permits it, including under South Africa's Regulation of Interception of Communications and Provision of Communication-Related Information Act, we reserve the right to intercept, monitor, read, filter or block communications sent through or stored on our systems, and to keep an audit trail of actions taken on the Website.

If you would rather a particular consultation was not recorded, say so at the start and we will deal with it then.

Prices can change, but never on an order you have already paid

• Prices are shown on the site and may change at any time. A change never affects an order you have already paid for.
• Depending on where you are and what you are buying, prices may be shown or charged in a different currency. The amount that leaves your account can vary slightly with exchange rates and your bank's fees. Those differences are not something we control or can refund.
• Your card details are handled by our payment provider and are not stored by us. Card data is encrypted in transit. Other information you send us may travel across networks that we do not control.
• Unless we say otherwise, our online pricing is set in US dollars, and virtual consultations, courses and resources are charged in that currency. In-person practice fees are in South African rand and are settled with the practice.

Details that are correct, and kept correct

• You agree to give current, complete and accurate purchase and account information for everything you buy from us.
• You agree to keep it up to date, including your email address, telephone number and card details, so we can complete your orders and reach you when we need to.
• We may refuse any order, and we may limit or cancel quantities bought per person, per household or per order. That can include orders placed on the same account, the same card, or the same billing or delivery address.
• We may limit or refuse orders that look like they are placed by dealers, resellers or distributors.
• If we change or cancel an order, we will try to reach you on the details you gave us when you placed it.

Two routes, and in both of them the account stays yours

Your agreement is with your medical scheme. Ours is with you. Those are two different agreements, and this section explains where they meet.

Consultations and everyday services.

• You pay us at the time.
• We submit the claim to your medical scheme, or give you what you need to submit it yourself.
• The scheme refunds you directly, not us.
• What the scheme pays you, and when, is between you and them. It does not change what you have already paid us.

Major treatment and operations.

• We may claim directly from your medical scheme.
• If the scheme short-pays, rejects the claim, pays late, or pays less than our fee, you are responsible for the difference, and it becomes due to us.
• Obtaining authorisation before a procedure, and confirming your benefits and limits, is your responsibility. We will help where we can.

Interest, costs, and eventually a collection agency

We would far rather talk to you. If you are struggling to settle an account, tell us before it becomes a problem and we will do what we reasonably can.

Where an account stays unpaid after it is due, we reserve the right to:

• charge interest on the outstanding amount at the maximum rate permitted by law, from the due date until it is paid in full;
• recover all costs of collection, including tracing costs, collection commission and legal costs on the attorney-and-own-client scale;
• hand the account over to a collection agency or to attorneys;
• withhold or suspend further Services, including future bookings, until the account is settled.

These rights apply to the extent the law allows, including the National Credit Act and the Consumer Protection Act where they apply to you.

We can correct a mistake, even after you have ordered

Occasionally something on the site is wrong: a typographical error, an out-of-date price, a wrong description, a promotion that has expired, an availability or delivery time that is no longer right.

• We may correct any error, inaccuracy or omission, and change or update information, at any time and without prior notice, including after you have submitted an order.
• If a correction affects an order you have placed, we may cancel it and refund you in full. We will contact you on the details you gave us at the time.
• We are under no obligation to update information on the site except where the law requires it, and a page carrying no recent date should not be read as confirmation that everything on it is current.

This is about mistakes on our side. It does not take away any right you have under the Consumer Protection Act or another law that applies to you.

Prices up front, and the delivery and returns policies apply

• All prices and any delivery charges are shown before you pay.
• We do our best to show products accurately, but small differences in colour or appearance can happen on screen, and no description can cover everything.
• We may limit or refuse an order, or limit quantities per person, per household or per order, for example where stock is short or we suspect fraud or resale.
• Delivery is covered by our Shipping Policy, and returns, faults and warranties by our Refunds and Returns Policy. Both form part of these terms.

Yours to use, not yours to pass on

• You get a personal, non-exclusive, non-transferable right to use a course or resource for your own family's benefit. You may not copy, share, resell, repackage or build a competing product from it.
• Courses and downloadable resources, free ones included, are treated as delivered once you have access to them, which affects refunds. Where we publish a Course Policy, it sets out the detail and forms part of these terms.
• Course content is educational. It supports your child's care. It does not replace a consultation or your own doctor's advice.

Use them with your family, do not pass them on

We publish guides, charts, templates, worksheets and printables. Some are paid for, some are free, and some are given in exchange for your email address. The same rules apply to all of them.

• You get a limited, personal, non-exclusive, non-transferable licence to use them for your own family's benefit. Filling in a template is exactly what it is for.
• You may not modify, copy, reproduce, reverse engineer, create derivative works from, sell, sublicense or redistribute them without our written permission.
• You may not build a competing product or service out of them.
• A resource is treated as fully delivered once you have the download link or the access, whether or not you open it. That is what affects whether it can be refunded.
• A free resource is still ours. Free is a price, not a change of ownership.

Printing a patching chart for your child's classroom or your grandparents is fine and always was. Selling it, or putting it on another website, is not.

Our content belongs to us, and you have a licence to read it

Everything on the site, our text, images, illustrations, logos, courses, resources and designs, belongs to Kids Eyes or the people we license it from. You are granted a limited, personal, non-commercial licence to view and use it for your own family's benefit.

You may not copy, republish, resell, reverse engineer, create derivative works from, or build a competing product out of our content without our written permission. The Kids Eyes name and logo are ours and may not be used without permission. Please do not remove or alter any copyright or attribution notice.

If you send us feedback, reviews, comments or ideas, you allow us to use them without owing you anything for them, and you confirm they are yours to send and do not infringe anyone else's rights. We are not obliged to keep them confidential, pay for them, or reply.

Using the Website does not give you any ownership of our content, and we grant no licence to our intellectual property except the limited one set out here. All other names, logos and marks on the site belong to their own owners.

As a condition of using the Website you warrant that you will not use it, or any resource from it, for any purpose that is unlawful or prohibited by these terms. You will use protected content for your own individual use only, and you will not take, or try to take, any material or information by means we have not deliberately made available.

You keep them. You also let us use them.

"Your content" means anything you choose to send or post: a review, a comment, a photograph, a question, a story about your child, a suggestion, or an idea for something we should make.

• It must be yours to send, and must not infringe anyone else's rights, including copyright, trade marks, privacy and personality rights.
• By sending it, you give us permission to use, copy, adapt, translate, edit, reformat, publish, display and distribute it in connection with our business, and to publish your name alongside it.
• We are under no obligation to keep it confidential, to pay you for it, to publish it, or to reply to it, and we may remove it at any time.
• It must not be unlawful, abusive, obscene, defamatory or misleading, and must not contain a virus or anything malicious.
• Do not use a false name or email address, or pretend to be someone else.
• You are solely responsible for what you send, and for its accuracy. We take no responsibility for content posted by you or anyone else.
• We may monitor, edit or remove anything we consider, at our discretion, to be unlawful, offensive, threatening, defamatory, obscene, pornographic or otherwise objectionable, or that infringes anyone's rights or breaks these terms. We are under no obligation to monitor, and we accept no liability for what you or anyone else posts.

We do not claim ownership of what you send us. It stays yours. What you give us is permission to use it, which extends to the companies in the group and to the suppliers we need to run the site. No payment is due to you for that use.

Be kind, and remember other people's children are in the room

We run community spaces: the Brave Eye Club, course discussions, comment areas and any group or message facility we add later. Use them for what they are for.

• Be careful about giving out personal information about yourself or your child in a space other people can read.
• We do not control or endorse what other members say. Another parent's experience is not medical advice, and we are not responsible for it or for anything you do on the strength of it.
• Group managers and hosts are not our spokespeople, and their views are their own.
• We have no obligation to monitor these spaces, but we may review and remove anything at our discretion, and we may restrict or withdraw access.
• Some of our communities run on third-party platforms, such as Facebook. Their rules apply there as well as ours, and we do not control them.

Their words are theirs, and we can use the recording

• From time to time we publish something from a third party: an interview, a guest article, a webinar appearance, a podcast. We do not control what a guest says, we do not verify it, and we cannot guarantee it.
• A guest appearance is not an endorsement of that person or their work, and is not clinical advice for your child.
• If you appear as a guest, you grant us the rights we need to use the material, and you agree we may edit, cut, adapt, format and publish it, or decide not to publish it at all.

Email, SMS, WhatsApp, phone and video, and it counts as writing

• By dealing with us you agree that we may contact you about service, account and appointment matters, and for marketing only where you have subscribed, which you can opt out of at any time without it affecting your child's care.
• Electronic communication counts. Anything we agree by email or message, and anything you accept electronically, is as binding as if it were on paper, and satisfies any requirement that it be in writing.
• We may keep records of our communications, and may record calls, video consultations and meetings for reference, quality, training and to help resolve a dispute.
• Clinical recordings and records are kept confidentially by the practice under the doctor's duty of confidentiality.

How we handle your information, and your child's, is set out in full in our Privacy Policy, which forms part of these terms.

In the Privacy Policy, which is part of these terms

Your privacy, and your child's, matters more here than on most websites, because a lot of what you tell us is health information about a child.

Everything about what we collect, why, who else sees it, how long we keep it and what you can ask us to do is in our Privacy Policy. Your agreement to it is incorporated into these terms, and the two should be read together.

The short version: clinical information stays in the practice, we never sell anything, and you can ask to see it, correct it or have it deleted.

We point at them, we do not run them

Our site links to other websites and services we do not control, and parts of what we offer run on third-party tools: the video service a virtual consultation is held on, our payment provider, our course and email platform, our couriers.

• Links are shared for convenience, not as an endorsement. We are not responsible for another site's content, products, accuracy or privacy practices.
• Third-party tools are provided "as they are" and "as available", with no warranty from us. Using them is at your own discretion, and their own terms apply.
• If you deal with a third party, that is between you and them. Complaints about their products go to them.
• Where part of a Service is delivered by a third party, using it means accepting that we share with them what they need to provide it to you. Only the minimum is shared, and never your child's clinical record. See the Privacy Policy.

No. It is education, and the Disclaimer explains where the line sits.

Everything on the Website, and everything in our courses and downloadable resources, is for general information and education only.

It is not medical, clinical, legal, financial or any other professional advice for your child or for you, and it must not be understood or relied on as though it were. Reading it, taking a course, or messaging us does not create a doctor-patient relationship. Only a booked consultation with Dr Claire does that.

Our Disclaimer sets this out in full, and your agreement to it is incorporated into these terms.

We stand behind our products and our care, within reason and the law

• Physical products carry the warranties in our Refunds and Returns Policy, and any manufacturer warranty on the item.
• Consultations are delivered with the professional skill and care the law requires of a registered doctor.

Everything else is provided "as is" and "as available". To the fullest extent the law allows, and except where we have said otherwise in writing:

• We make no representation or warranty of any kind, express or implied, about the Website, the Services, or any information, content, material, course, resource or product on or through them.
• We do not warrant that your use will be uninterrupted, timely, secure, accurate or error-free, or that faults will be corrected.
• We do not warrant that any result you obtain from using the Website or the Services will be accurate or reliable, or that anything will meet your expectations.
• We disclaim all implied warranties and conditions, including those of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
• We may remove or suspend any Service, feature, tool or content for an indefinite period, or cancel it, at any time and without notice.
• Your use of, or inability to use, the Website and the Services is at your sole risk.

Educational content cannot promise a particular result for your child, and results obtained by other families are no guarantee of yours. That is set out more fully in our Disclaimer.

You decide what to do, and that decision is yours

• By using the Website and the Services, you accept responsibility for how you use them and for what you decide to do as a result.
• You agree to use your own judgement, and to get proper professional care for your child where it is needed.
• Please do not rely on this site alone for a decision about your child's eyes.
• We are not liable for harm you suffer from using, or not using, the information here, or from not seeking advice from a professional who knows your child's situation.

If anything here conflicts with advice from a professional who has actually examined your child, follow the professional who has seen your child.

Our liability is capped, except where the law says it cannot be

This is the section that decides who carries a loss. It is written out in full rather than summarised, because a summary would not do the job.

Who this protects. Kids Eyes LLC, Kids Eyes (Pty) Ltd, Dr Claire Cullen Inc, Kids Vision SA and the other companies in the group, together with their directors, officers, employees, contractors, agents, suppliers, service providers and licensors.

What is excluded. To the fullest extent the law allows, none of them is liable to you for any injury, loss or claim, or for any direct, indirect, incidental, punitive, special or consequential damages of any kind. That includes, without limitation, lost profits, lost revenue, lost savings, loss of data, loss of use, replacement costs, and any similar loss, whether the claim is brought in contract, in delict or tort (including negligence), under strict liability or otherwise, and even if we were told the loss was possible.

This applies to any claim arising out of, or in any way connected with, your use of or inability to use the Website or the Services, our provision or failure to provide them, any error or omission in any content, and anything posted, transmitted or made available through them.

The cap. Where we are liable despite the above, our total liability to you for any and all claims is limited to the amount you actually paid us for the specific thing the claim is about.

If you are unhappy with the Website, the Services or these terms, your primary remedy is to stop using them, and to take up the complaint with us under the section below.

You cover us for claims that come out of your own breach

You agree to indemnify, defend and hold harmless Kids Eyes, the companies in the group, and their directors, officers, employees, contractors, suppliers, service providers and agents against any claim or demand, including reasonable legal costs, brought by a third party and arising out of:

• your breach of these terms or any policy they refer to;
• your misuse of the Website or the Services;
• anything you post or send us; or
• your breach of any law, or of anyone else's rights.

We may, at our own cost, take over the defence of any such matter, and you agree to cooperate with us if we do.

Tell us first, and give us a fair chance to fix it

Almost everything is sorted out with a conversation. We would much rather have that conversation than a formal process.

1. Tell us, in writing. Email hello@kidseyes.co.za with what has gone wrong and what you would like us to do about it.
2. We respond. We aim to acknowledge within 2 business days and to work with you in good faith to resolve it.
3. If that does not settle it, either of us may take the next step set out below, depending on what the dispute is about.

Commercial disputes go to arbitration. Clinical ones never do.

This section splits the same way the rest of these terms do, because a dispute about a course refund and a dispute about your child's care are not the same thing.

Commercial and website disputes. A dispute arising out of the Website, a course, a resource, a shop order, a subscription or these terms, which we have not been able to settle between us, is referred to binding arbitration in Delaware, in the United States of America, by a single arbitrator, under the governing law set out below. The arbitrator's decision is final and binding on both of us. Each of us brings a claim on our own behalf only, and not as part of a class or representative action.

We each carry our own costs of an arbitration unless the arbitrator decides otherwise.

Delaware for the website, South Africa for the consulting room

The group works on both sides of the Atlantic, so which law applies depends on what you are doing with us. This is the same split as our Privacy Policy.

• The website and everything digital. Your use of the site, courses, resources, shop products and email is governed by the laws of the State of Delaware in the United States of America, and you submit to the non-exclusive jurisdiction of the Delaware courts for those matters.
• Consultations and clinical care delivered by the practice are governed by the laws of South Africa, including the National Health Act and the rules of the Health Professions Council of South Africa, and fall under the jurisdiction of the South African courts.

Wherever you are, you keep any mandatory right your own country's law gives you that cannot be signed away.

Yes, and your local rules are yours to follow

You can use our site and services from anywhere. You are responsible for following your own local laws, and for any local taxes or duties on physical products you import, as set out in the Shipping Policy. We may limit what we offer in a particular country, and any offer is void where it is prohibited.

Endings, changes, and how to read this page

• Ending it. These terms apply until you or we end them. You end them by telling us you no longer wish to use our services, or by stopping. We may end them, and withdraw your access, if we believe you have broken them. Anything either of us already owes the other survives the ending, and so do the sections on our content, liability and which law applies.
• Changes. We may update these terms from time to time. The date at the top and the foot of this page shows when. Carrying on using the site after a change means you accept it.
• Not enforcing something is not giving it up. If we do not enforce a right straight away, we keep it.
• Severability. If any part of these terms is found to be unlawful or unenforceable, that part is severed and the rest still stands.
• The entire agreement. These terms, and the policies they refer to, are the entire agreement between us about your use of the Website and the Services, and they supersede anything said or written before, including any earlier version of these terms.
• Headings are for convenience. The headings on this page are written as the questions a parent would ask, so it can be scanned rather than waded through. They do not affect how the terms are read or interpreted.
• Telling us about a problem. If you believe anyone is not keeping to these terms, please tell us and we will do our best to deal with it promptly.
• No reading against the drafter. If a term is genuinely ambiguous, it is not to be read against us simply because we wrote it.
• English. These terms, and the policies they refer to, are written in English, and the English version governs.

Either of us can stop, and some things carry on afterwards

• You may end these terms at any time by telling us you no longer wish to use the Services, or simply by stopping.
• We may suspend or withdraw your access to the Website, a community, a course or any part of the Services, at our discretion and without notice, if we believe you have broken these terms. You remain liable for anything already owed up to that point.
• We may also restrict or withdraw parts of the Website generally, or stop offering a Service, as set out above.
• What survives. Anything either of us owed the other before the end still stands, and the sections on our content, your submissions, liability, indemnity, disputes and which law applies carry on afterwards.
• Where these terms do not hold, the licence does not either. Use of the Website is not authorised in any jurisdiction that does not give effect to all of these terms, including this one.
• Insolvency or business rescue. If either of us is placed under liquidation, sequestration, business rescue or an equivalent process, the agreement between us ends immediately, and we both agree to cooperate in winding things up in an orderly way. Anything already owed remains owed.

If the practice cannot continue. Kids Eyes depends on one doctor. If Dr Claire were to die, become incapacitated, or be unable to practise, live Services such as booked consultations would end, and access to online courses and resources could not be guaranteed to continue or to be kept up to date. In that situation we, or whoever is winding things up, would deal with anything you have paid for but not received fairly and in line with the law.

We are not in breach for what we genuinely cannot control

We are not liable to you, and are not in breach of these terms, for any failure or delay caused by something beyond our reasonable control. That includes natural disaster, fire, flood, severe weather, epidemic or pandemic, war, civil unrest, terrorism, government action, a national emergency, strikes or labour disputes, courier or supply failures, and loss of power, internet or telecommunications, including load shedding.

Where something like that stops us delivering a Service you have paid for, we will reschedule it or refund it. We will not simply keep the money and say it was not our fault.

You cannot. We can, if the business changes hands.

• You may not assign, transfer or subcontract your rights or obligations under these terms to anyone else. Your account, your course access and your booking are personal to you.
• We may assign or transfer ours, in whole or in part, to another company in the group or to a successor if the business is merged, restructured or sold. Your rights under these terms are not reduced by that, and how your information is treated in that situation is covered in the Privacy Policy.

Email, phone, or come and see us

For a privacy question specifically, our Information Officer is Carina, and her details are in the Privacy Policy.

Read these together with the rest

These terms are one of six policies. Anything else we agree with you in writing also forms part of them.