SmartSight

SmartSight is a patient support program established and maintained by Atlantis Health on behalf of Bayer Australia Ltd. (Bayer/we/us/our), the SmartSight website may be accessed using your mobile or desktop computer.

SmartSight is designed to assist in the administration of Eylea (aflibercept) for the treatment and management of wet age-related macular degeneration (wAMD) and Diabetic Macular Oedema (DMO) ("Purpose"), as prescribed to you by your treating healthcare professional (HCP). SmartSight is the provision of a telehealth and digital resources to support patients' understanding of a new diagnosis and treatment plan. SmartSight provides content, tools to support understanding for Eylea.

SmartSight is not suitable for, and should not be used, to assist in the administration of any other medication or used for any other purpose. You should immediately cease using SmartSight if you are no longer being prescribed Eylea by your HCP.

These terms of use contain important information. Your use of SmartSight constitutes your acceptance of these terms. Please read carefully

a.) Changes to SmartSight and these terms of use

We may change the content and functionality of SmartSight at any time by way of a software update, which will be notified to you in advance. We may also change these terms of use at any time. We will notify you if we do change our terms of use by posting the revised terms of use on SmartSight.

b.) No impact on your Eylea treatment

Your decision to not use or discontinue the use of SmartSight for any reason does not impact on your treatment of wAMD or DMO by your HCP or your ongoing administration of Eylea as prescribed by your HCP.

The use of SmartSight does not replace consultation with your HCP on the treatment and management of wAMD or DMO or how EYLEA is to be administered.

Intellectual Property

You acknowledge and agree that:

a.) all intellectual property rights (whether registered or unregistered) in the content, layout, design, concept, graphic, software and organization of SmartSight, and all related graphics, logos, trade marks, product and service names (including SmartSight) (Bayer’s IP) are owned by Bayer;

b.) you will not do anything to or which might hinder, impede, invalidate or challenge Bayer’s ownership of or entitlement to use or the registration of any part of Bayer’s IP or which might diminish the value of the Bayer’s IP in SmartSight; and

c.) any use of SmartSight, including its content and other related services, other than as expressly permitted by these terms of use or by law, is not licensed and is strictly prohibited.

Your SmartSight Use License

Bayer grants to you a non-exclusive, non-transferrable, revocable license to download SmartSight and use SmartSight for the Purpose, and no other purpose, in accordance with these terms of use.

You must not:

a.) copy, modify, reproduce, republish or post on any online platform Bayer's IP;

b.) adapt, communicate, transfer, sell or otherwise deal with Bayer's IP;

c.) attempt or decompile or reverse engineer any software contained in Bayer's IP;

d.) remove any copyright or other proprietary notations from Bayer's IP; or

e.) tamper with or commercially use Bayer's IP (including business names and domain names) appearing on SmartSight or materials accessed via SmartSight.

Your Obligations

You agree that:

a.) you are responsible for and must take all reasonable care to ensure that the information you record in SmartSight is true, complete and accurate;

b.) the information you share with your HCP via SmartSight is true, complete and accurate;

c.) you must take responsibility for, and use your best endeavours to prevent unauthorized use of, and access to, SmartSight and your SmartSight account and to protect your Personal Information at all times;

d.) you will immediately notify Bayer of any errors, inaccuracies, bugs, viruses or defects affecting the operation of SmartSight;

e.) you will immediately notify Bayer if you become aware of any unauthorised access or use of your SmartSight account;

f.) you will not use any data mining, robots, crawling, scraping, caching or similar data gathering or extraction methods in relation to SmartSight;

g.) you will not register or attempt to register any third party on SmartSight;

h.) you will not tamper with or introduce any bugs or Trojan horses into, or cause any security breaches to, SmartSight; and

i.) you will not use SmartSight for any purpose other than the Purpose.

You agree to indemnify, and hold harmless, Bayer and its subsidiaries, partners, officers, employees and agents in respect of any loss or damage (including reasonable legal expenses) arising out of or in connection with any breach of or failure by you to comply with these terms of use.

Termination of Your SmartSight Account

You may terminate your SmartSight account at any time.

Bayer may immediately terminate your SmartSight account if you breach any term in these terms of use.

Upon termination of your SmartSight account for any reason, you must destroy or cleanse your devices of any Bayer IP in your possession or control, whether in electronic or printed format.

Disclaimer

SmartSight is provided to you on an 'as is' and 'as available' basis and may from time to time contain errors, faults and inaccuracies. To the extent permitted by law, Bayer makes no representation and provide no express or implied warranty or guarantee in relation to SmartSight, the security of SmartSight, the safety of any file or software associated with it (such as safety from any virus or defects including those which could damage or interfere with any data, software or hardware with which it might be used) or that access to SmartSight will be uninterrupted or continuous.

While reasonable care is taken in its preparation, to the extent permitted by law, Bayer does not guarantee or warrant the accuracy, quality, completeness, reliability or currency of SmartSight (including any errors in or omissions from the content of SmartSight), or of any materials, information, products or services promoted or accessed via SmartSight. You should consult with your HCP and make your own informed decision on whether SmartSight is right for you.

Limitation of Liability

The liability of Bayer (and any other party involved in creating, producing or delivering SmartSight), whether in tort (including negligence), contract, breach of statutory duty, equity or otherwise arising out of or in connection to your access, use of or inability to use SmartSight, or any errors or omissions in the content thereof, is excluded to the fullest extent permitted by law.

Links

Bayer has not reviewed all of the website links contained in SmartSight and is not responsible for the contents of any such linked site, other than a site operated by Bayer. The inclusion of any link does not imply endorsement by Bayer of the site and use of any such link is at your own risk.

Assignment

You may not assign or novate your rights or obligations under these terms of use to any person with the consent of Bayer. Bayer may assign or novate its rights or obligations under these term of use to any person with your consent.

Governing Law

These terms of use are governed by and construed in accordance with the laws of Australia and you irrevocably submit to the exclusive jurisdiction of the courts of Australia.