INSTADOSE+™ DOSIMETRY SERVICE TERMS AND CONDITIONS
The following Instadose+TM Dosimetry Service Terms and Conditions (the “Agreement”) governs your use of the dosimetry subscription service (the “Service”) and your purchase of the Service from Mirion Technologies (GDS) Inc. (the “Company”).
You acknowledge and agree that your use of the Service constitutes your agreement to be bound by the terms and conditions of this Agreement as set forth below. If you are acting on behalf of a business in purchasing the Service for that business, you represent and warrant that you have the power and authority to bind that business entity and you acknowledge that the Company is providing the Service to you and the business in reliance on your representation and warranty.
The Service entitles you to use of the following: on-line dosimetry service, on-line account management, technical assistance, and radiation awareness and safety materials. Additional services such as special handling, copies of previous reports and emergency processing are available for additional fees.
The current subscription fees for the Service are listed in your account information located within the mirion.instadose.com site. You agree to pay the subscription fees and any other charges incurred (including any applicable taxes) in connection with your username and password for purchasing and using the Service at the rates in effect for the subscription period you have selected. The Company reserves the right to change the fees and charges in effect or add new fees or charges at any time without advance notice. All charges are billed automatically to your credit card. Advance payment for Service subscriptions, by either check or purchase order, is available as an alternate payment option upon request for approved accounts. You are responsible for any fees or charges incurred to access the site through an Internet access provider or other third-party service.
Subscriptions to the Service are between the individual, business, government or other entity that paid for the subscription and the Company. Only subscribed users and/or administrators are entitled to access the site using the user name and/or password. The account management system (currently called “Account Management Program or “AMP”) restricts users within an account from seeing other wearers' data and from making changes to the main account. If there is an account administrator, the administrator has the ability to manage individual wearers and devices within the account, access real time account details, manage device assignments, access dose reports, and manage account information.
After placing a credit card order, an order confirmation receipt is generated and distributed to the purchaser via email. Any other billing arrangement must be agreed to by an authorized representative of the Company. All subscribers are responsible for understanding our billing policies before purchasing the Company dosimetry subscriptions.
Service is automatically renewed, without notice, for successive periods of like duration unless the subscribed user chooses to de-activate the service. Your continued use of the Service following the effective date of a change to fees and billing methods constitutes your acceptance of such change.
All fees, charges and sales are final. Once dosimeters(s) have been produced, your order is non-refundable and your subscription will automatically renew until canceled. If you cancel your subscription, it will remain active for the remainder of the time period for which you paid, and your subscription will not automatically renew upon the end of the subscription period. Upon cancellation or termination of the Service, at Company’s request, you agree to return the dosimeter to the Company. If you do not do so, you agree to pay Company the standard fee for a lost dosimeter. The Service is subscription based. You acknowledge that canceling your subscription to the Service will not immediately terminate the Service. The Service will continue to be provided to you until your paid subscription period expires. The Company will not refund the remaining portion of your subscription. The Company is not responsible for your failure to cancel the Service in a timely manner.
Cancellation includes the termination of all other services ancillary to the Services, including but not limited to all on-line account management services, as of the effective date of cancellation.
The fees for the Service provided to you shall be deemed fully earned by the Company upon the inception of the Company’s provision of the Service to you. While tangible dosimeters are provided to you upon inception of the Service, the fees paid constitute fees for the provision of the intangible Service and not for the tangible dosimeter itself, title to which is retained by the Company. Refunds will not be issued after the dosimeter is issued to you. There are no refunds, except in demonstrated cases of credit card fraud or as may be otherwise agreed to in writing by you and the Company. The Company incurs certain administrative and production costs when processing an approved refund. You understand and agree that the fee below is a fair and reasonable assessment of those costs. Should the Company agree to provide a refund, all refunds (except those due to demonstrated instances of credit card fraud) are subject to a restocking fee of twenty percent (20%) of the annualized subscription price for the Service.
ALL SERVICE PURCHASED FROM THIS SITE AND THIRD-PARTY SITES TO WHICH IT LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ITS AFFILIATES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SERVICE AT ANY TIME INCLUDING CHANGES TO THIS AGREEMENT. THE COMPANY, ITS AFFILIATES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SERVICE; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICE; PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THIS SITE; OR, THE RESULTS OBTAINED FROM ACCESSING AND USING THIS SITE AND/OR THE SERVICE PURCHASED HEREIN. THE COMPANY DOES NOT WARRANT THAT THE SERVICE, SOFTWARE, CONTENT OR FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES ALL RISK ASSOCIATED WITH USE OF THIS SITE AND THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS AFFILIATES AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE OR FROM INFORMATION PROVIDED ON THE SITE OR BY THE COMPANY. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Our Customer Service department is here to assist you with your account. If you feel there is an error, please contact Customer Service at (949) 419-1000 within 30 days of the receipt of invoice. Such explanation should include a statement of the amount of charges that you feel are in error. The balance of the invoice will remain due and payable. You agree and acknowledge that the Company shall not be responsible for any adjustments or account oversights that remain unaddressed past the 60th day of invoicing.
All dosimeters remain the property of the Company. Requests for additional dosimeters that must be replaced due to loss or damage, will be subject to a $25.00 replacement fee. You are responsible for all taxes and shipping fees. This Agreement shall be governed by the laws of the State of California, without regard to the conflicts of laws provisions thereof.
The Instadose+ dosimeter can be read up to a cumulative dose of 12 rem (120 mSv). For exposures exceeding this limit the device will need to be sent back for processing and reporting at an additional fee.
Services not listed will be quoted upon written request.
Effective: November 10, 2009