Last Updated: 17/04/2020
WEB SITE USER AGREEMENT
This Web Site User Agreement (the “Agreement”) between you and Cherie’s Optics Ltd.. d/b/a CHERIE’S OPTICS, details the terms and conditions of your permitted use of this website and associated mobile applications (“Web Site”). The Web Site is designed as a shopping, and information resource. Your use of all, or any portion of, the Web Site, including but not limited to your downloading of information or ordering of any products from this Web Site, signifies your acknowledgement of the reasonableness of these terms, and your express agreement to be bound by these terms. If you choose to continue to use or access this Web Site after having the opportunity to read the Terms, you recognise that CHERIE’S OPTICS has provided valuable consideration by offering this Web Site free of charge, and in exchange for that valuable consideration, you agree to the Terms hereof. If you do not agree to be bound by any, or all, of these terms, you are instructed not to access or use the Web Site, as your usage will be conclusively presumed to represent your agreement to be bound by the following terms. THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT CLAIMS EXCLUSIVELY TO INDIVIDUAL (NON-CLASS) ARBITRATION. SEE BELOW.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You grant us the right to continue to send such emails until you specifically notify us that you wish to no longer receive emails from the Company.
TRADEMARKS AND DOMAIN NAMES
The trademarks, logos, service marks, trade dress, and domain names (collectively, the “Trademarks and Domain Names”) displayed on the Site are registered and unregistered Trademarks and Domain Names of Cherie’s Optics and its subsidiaries, as well as other companies. Cherie’s Optics’s Trademarks and Domain Names may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company. All trademarks and domain names not owned by Cherie’s Optics or its affiliates that appear on the Site are the property of their respective owners.
The text, images, graphics, button icons, logos, audio and visual clips, and software (together, the “Content”) of this Web Site is the property of CHERIE’S OPTICS, its related entities, or its suppliers, and is specifically protected by copyright laws of the United States of America and International treaties. Your use of this Content is restricted to personal, non-commercial, purposes. Any reproduction, distribution, transmission, modification, publication, broadcast, or other exploitation of the Content, design, layout, or other individual elements of this Web Site without the express written consent of CHERIE’S OPTICS is strictly prohibited and may constitute a violation of proprietary rights. You should be aware that CHERIE’S OPTICS is very protective of its property. Requests for consent to otherwise-prohibited use of this Web Site are rarely granted; however, if you have a reasonable request, we will certainly consider it. This is not to say we will consent, but we will consider it. Remember, ask before you act — as any of the above-described uses without our express written consent are strictly prohibited. To request such permission, or for more information, please contact us or send us an e-mail. firstname.lastname@example.org
DISCLAIMER OF WARRANTY
THIS DISCLAIMER OF WARRANTY (“DISCLAIMER”) APPLIES ONLY TO YOUR FREE USE OF THE WEB SITE.
THIS DISCLAIMER DOES NOT APPLY TO, FOR EXAMPLE, YOUR PURCHASE OF ANY PRODUCT OR SERVICE FROM CHERIE’S OPTICS.
THIS DISCLAIMER ALSO DOES NOT APPLY TO, FOR EXAMPLE, OUR OFFER OR ADVERTISEMENT OF ANY CHERIE’S OPTICS PRODUCT OR SERVICE, INCLUDING THE CONTENT OF ANY OFFER OR ADVERTISEMENT ON THE WEB SITE.
THE CONTENT OF THIS SITE IS PROVIDED BY Cherie’s Optics AS A SERVICE TO ITS CUSTOMERS. THE INFORMATION PROVIDED IN THIS SITE IS FOR INFORMATION PURPOSES. CHERIE’S OPTICS IS NOT OFFERING THIS WEBSITE, IN WHOLE OR IN PART, FOR SALE TO YOU. THESE TERMS ARE NOT A CONTRACT FOR SALE, AND THIS WEB SITE IS NOT A “GOOD” WITHIN THE MEANING OF THE UNIFORM COMMERCIAL CODE. INSTEAD, THIS WEBSITE IS PROVIDED FOR FREE. THIS SITE DOES NOT PROVIDE MEDICAL DIAGNOSIS FOR ANY INDIVIDUAL AND MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. ALL SPECIFIC MEDICAL QUESTIONS YOU MAY HAVE ABOUT YOUR SPECIFIC MEDICAL CONDITION, TREATMENT, CARE, OR DIAGNOSIS MUST BE PRESENTED TO YOUR EYE-CARE PROFESSIONAL. EXCEPT AS EXPRESSLY AND UNAMBIGUOUSLY STATED OTHERWISE, ACLENS.COM DOES NOT ENDORSE, OPERATE, CONTROL, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, BRAND, METHOD, TREATMENT, INFORMATION OR SERVICE ON THIS SITE. THE INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. Cherie’s Optics AS WELL AS ALL OWNERS, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
You agree that our sole obligation to you is to provide the Web Site as-is. You agree that unless we do something that is (a) grossly negligent, reckless, or an act of knowing or intentional wilful misconduct or (b) a violation of a consumer protection statute in connection with the Web Site, we will not be liable to you or to any third party for your use of the Web Site.
LIMITATION ON LIABILITY
YOU ACKNOWLEDGE AND AGREE BY YOUR USE OF THIS SITE TO ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH YOUR USE OF THIS SITE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) ANY OTHER MATTER RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site unless you first obtain the Company’s express written consent to do so. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
We may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.
USE BY MINORS
This Web Site is not targeted towards, nor intended for use by, anyone under the age of 16. By using the Web Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access, or register on the Web Site. CHERIE’S OPTICS reserves the right to terminate your membership in the event that CHERIE’S OPTICS becomes aware you are under 16.
We are pleased to hear from our customers and welcome your comments regarding our products or services, including the Web Site. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information regarding our products or services (collectively, “Suggestions”), the Suggestions shall be deemed, and shall remain, our property. None of the Suggestions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Suggestions. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Suggestions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Suggestions for any purpose whatsoever, commercial or otherwise (including use in the development and manufacture of products and services), without compensation to the provider of the Suggestions, including the right to publish on the Web Site or elsewhere and to use the Suggestion, including any suggestions, ideas, etc. contained herein. If you would like to edit or delete a published submission, please email us.
From time to time, we may make available on this site services, features or sections that allow users to post or upload text, photos, videos, gif, boomerangs, or other file types to the Web Site, our servers, or third party vendors. All such communications, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated, and are not the responsibility of CHERIE’S OPTICS.
With respect to any and all Content you post or submit to this Web Site, you grant to CHERIE’S OPTICS a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense, or otherwise distribute and display the Content and any ideas, concepts, know-how or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium, or technology now known or later developed, without restriction and without compensation of any kind to you, and you waive all moral rights in all such Content. Permitted uses of Content by CHERIE’S OPTICS include but are not limited to reproduction and use in any and all media whether now known or hereafter devised, including any social media; publication of the Content or a derivative thereof for promotional, marketing, and advertising purposes.
We do not control the Content delivered via the Web Site by you or other users, and accordingly do not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Web Site, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Web Site.
The opinions expressed in postings or other Content on this Web Site are not necessarily those of CHERIE’S OPTICS or its content providers, advertisers, sponsors, affiliated, or related entities. We make no representations or warranties regarding any information or opinions posted to or otherwise included on or transmitted through the Web Site. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Content or determine whether the Content violates the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
We do not and are not obligated to regularly review, monitor, delete, or edit the Content of the site as posted by users. We reserve the right to do so at any time in our sole discretion, for any reason or no reason, and to edit or delete any posting or submission, in whole or in part, with or without notice. We are not responsible or liable for damages of any kind arising from any Content, or from our alteration or deletion of any Content, even when we are advised of the possibility of such damages.
You represent and warrant that: you own or otherwise control all the rights to any Content that you upload, transmit, or otherwise make available through the Web Site; use of the Content you provide does not violate the intellectual property rights or any other rights of any third parties; and use of the Content you provide will not cause injury to any person or entity. Without limiting the foregoing, you specifically agree that you will not: (a) provide any Content that is unlawful or that advocates illegal activity; (b) provide any Content that is defamatory, false or libellous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic, or obscene material; (c) provide any Content that you do not have a right to provide; (d) provide any Content that contains software viruses or other harmful devices; or (e) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you provide. You agree that you will indemnify CHERIE’S OPTICS or its affiliates for all claims resulting from or related to Content you post or submit.
SEVERANCE OF INVALID TERMS
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Terms & Conditions — Contact Lens Sales
Please read the following Terms & Conditions carefully before submitting your order.
YOU ARE CONFIRMING THAT YOU HAVE READ AND AGREE WITH ALL OF THE FOLLOWING CONDITIONS:
- You must have a valid, current prescription for any contact lenses or prescription eyewear that you are ordering issued by a duly licensed eye-care professional.
- You have not been advised by an eye care professional to stop or suspend wearing contact lenses for any medical reason. You will continue to have your eyes examined regularly by a licensed eye care professional.
- You will restrict your contact lens wearing schedule to the recommended wearing schedule established by your eye-care professional, and you will not exceed this recommended wearing schedule as this can lead to serious eye-health complications.
- You understand that you must take proper care of your contact lenses as directed by your eye care professional. Before using your contact lenses, you agree to carefully review all instructions and information provided by your eye care professional and/or by the contact lens manufacturer.
- You should never share your contact lenses with anyone. Contact lenses are classified as prescription medical devices by the FDA. Sharing can also lead to serious eye health complications and can spread infectious diseases.
- If you are having any unexplained eye discomfort, watering, vision change or redness, you will immediately remove your lenses and consult your eye care professional before wearing your lenses again.
- Health Insurance Portability and Accountability Act of 1996 (HIPAA). You grant us permission to share your contact lens prescription information and/or address information with Manufacturers and Distributors for the express purpose of completing your order. You also grant us permission to verify the information you have provided with your eye doctor and authorise your eye doctor to release that information to us. We will NEVER release any private information about you to anyone outside our company for any purposes other than as provided under HIPAA or as otherwise stated above.