Terms of use
By accessing the EYESPRESSO website at the URL insert link (the "Website"), you ("You" or the " User") agree to all of the terms of use (the "Terms of Use") set out below and acknowledge being bound by them. Browsing on the Website as well as the simple activation of one or other of the hyperlinks constitutes a commitment on your part to comply with the conditions of use and presumes your knowledge of the scope of these. If at any time you do not or cannot accept the terms of this Agreement, you must cease accessing or using the Website.
1. Conditions relating to the use of the Website
To access the Website, you need a compatible web browser. You acknowledge and agree that EYESPRESSO may cease to support a given web browser and that, where applicable, you will need to download a compatible web browser in order to continue using the Website. You also acknowledge and agree that the use of the Website depends on the proper functioning of your computer equipment and your Internet connection. As a condition of using the Website, you agree not to: impersonate another person or make a false statement about your association with any person or entity; access and use or tamper with the Company computer systems or non-public portions of the Website; attempt to probe, explore or assess the vulnerability of the Website or any related system or network, or breach any security or authentication measures employed in connection with the Website, such system and network; attempt to decrypt, decompile or disassemble the software used to provide the Website; harm or threaten to harm other users in any way or thwart or attempt to thwart a user's, host's or network's access, including by means of transmitting a virus to the Website, overload, flooding, spamming or bombardment of e-mails; provide payment information that relates to a third party; use the Website in contravention of its intended use, its documentation or the reasonable instructions of EYESPRESSO; systematically extract data or other content from the Website in order to create, directly or indirectly, in the context of one or more downloads, a collection or compilation of data, a database, a directory or any other grouping of data, whether through manual methods, through robots, scrapers, or web crawlers, or otherwise; violate the intellectual property rights of any third party when you use or access the Website. EYESPRESSO grants you a personal, non-transferable, non-exclusive, revocable and limited right to access the Website and use it for personal purposes. It is your responsibility to ensure that in accessing the Website and the content made available to you on or through the Website, you are acting in accordance with the laws of each jurisdiction in which you access or through which you access the Website or its content. EYESPRESSO shall have the right to conduct an investigation and bring proceedings in relation to any violation of the aforementioned commitments, in particular with regard to the possible violation of an intellectual property right and possible breaches of security, to the full extent permitted by the law. EYESPRESSO may seek the assistance of law enforcement authorities and cooperate with them in bringing legal action against users who violate this Agreement. You acknowledge that although EYESPRESSO is not required to monitor your access to the Website or your use of it, it has the right to do so in the context of the operation of the Website, in order to ensure that you are complying with this Agreement or to comply with applicable law or the order or requirement of a court, administrative agency or other government agency.
2. Exclusive rights
All content appearing on or made available through the Website (such as text and graphics, logos, trademarks, icons, artwork, audio clips, digital downloads, compilations data and software) as well as any compilation thereof, is the exclusive property of EYESPRESSO, its licensors or its content suppliers, and this content is protected by Canadian and international intellectual property laws. Except as expressly permitted under this Agreement, you may not reproduce, modify, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or commercially exploit the Website, or create any works derived from it.
3. Price
The price displayed or announced on the Website or by means of any other electronic communication from EYESPRESSO is indicated in Canadian dollars, US dollars or euros and is subject to applicable taxes. The displayed or advertised price is subject to change without notice at the sole discretion of EYESPRESSO. Despite our best efforts, it is possible that a service displayed or advertised on the Website or otherwise communicated may quote an incorrect price. In this case, we will communicate with you as soon as possible and we will cancel your order if necessary. The site and its content should not be considered as an offer to sell products or services, they are provided to you for informational purposes only.
4. Ordering products
EYESPRESSO reserves the right, at its sole discretion, to refuse, modify, cancel or limit an order. In this case, EYESPRESSO will communicate with you as soon as possible using your contact details given during this order. A person purchasing any product on the Website must not alter a product in any way, export a product from Canada to another jurisdiction or sell or resell a product to any other person or supply it to a person who could reasonably alter, export, sell or resell it.
5. Description of products and availability
All prices, features and specifications of products are subject to change at any time without notice. We make no representations as to the completeness, accuracy of any information on this Website. We reserve the right to change price, description or availability information without notice. The inclusion of any products on this Website does not imply or warrant that such products will be available at any particular time.
6. Product warranties
We do not offer a guarantee on our products, except if the latter has a manufacturing defect.
7. Shipping
EYESPRESSO undertakes to send you your purchases as soon as possible. However, EYESPRESSO cannot guarantee the exact date of receipt of your order. This will be processed within 2 working days of receipt of the order by EYESPRESSO and then shipped by Canada Post or any other carrier designated by EYESPRESSO .
EYESPRESSO will bear all charges applicable to the credit card account associated with the account you have opened with EYESPRESSO. You are required to provide EYESPRESSO with valid information regarding your credit card. It is your responsibility to update this information if it has changed. EYESPRESSO cannot be required to carry out a transaction whose payment is not accepted by our payment processing service provider, due to insufficient funds on your credit card or for any other reason. If so, you will receive an error message from the Website and the transaction will be refused. In addition, EYESPRESSO may suspend your account and contact you so that you can provide information on another valid credit card. Such a suspension does not release you from your obligation to pay the fees due to EYESPRESSO .
9. Privacy
We attach great importance to ensuring the confidentiality of the personal information you provide to us. We also believe that it is essential to inform you about how we process your data. We therefore invite you to read our privacy policy carefully.
10. Information collected through the Website
EYESPRESSO collects anonymous information relating to the use of its Website to find out which pages of its Website have been consulted by its visitors and to compile statistics on them and their use of the Website and the frequency of use of the hyperlinks. This information is collected through an analytical platform (e.g. Google Analytics), log files (log file) and cookies.
11. Links available on the Website
The Website may contain hyperlinks to other websites which are provided to you for your convenience only. The Company is not responsible for the accuracy or relevance of the information or links included in these sites and in no case do they constitute a recommendation of products or services. If you decide to access any third party sites linked to this Website, you do so at your own risk.
12. Electronic communications
When you visit the Website or send e-mails to us, you are communicating with us electronically and hereby irrevocably consent to receive electronic communications from us. We may communicate with you by means of emails or notices posted on the Website. You agree that when we send you agreements, notices, information and other communications electronically, we comply with any legal requirement that such communications be in writing.
13. Disclaimer of warranty and limitation of liability
To the fullest extent permitted by applicable laws, the company makes no warranties or representations with respect to the particular website, EYESPRESSO does not represent or warrant that the Website will meet your needs or that it will be compatible with any hardware or software provided by third parties, that the Website will be uninterrupted, free of problems or errors, or that all errors will be corrected. EYESPRESSO provides the Website “as is” and “as available”. To the fullest extent permitted by applicable law, the warranties and remedies (if any) of EYESPRESSO which are expressly provided herein are exclusive and they replace all other warranties, express or implied, which apply in fact, or by operation of law, usage, oral or written statements, or otherwise, including but not limited to implied warranties as to merchantability, availability, performance, compatibility, fitness for a purpose particularity, satisfactory quality, conformity with description and non-infringement, all of which are expressly covered by this disclaimer. By using this Website, you agree to assume full responsibility for all risks associated with your use of the Website, including responsibility for all costs associated with the necessary maintenance or repair of equipment that you employ in connection with your use of the Website.
14. Compensation
You agree to defend, indemnify and to waive EYESPRESSO , its officers, directors, members of its group, employees and agents with respect to all claims, obligations, damages, losses and expenses, including reasonable legal and accounting fees, which are in any way related to your access to the Website or your use of the Website.
15. Amendments
EYESPRESSO reserves the right to modify the Terms of Use at any time and at its sole discretion. Any change is effective upon posting to the Website. Your use of this Website will be subject to the then current version of the Terms of Use posted at the time of your use. Your continued use of this Website after any such changes constitutes your acceptance of such changes. Please review the Terms of Service on a regular basis. If you do not agree to these terms or any changes to them, please stop using this Website immediately.
16. Termination
EYESPRESSO reserves the right to suspend or terminate your access to the Website at any time, at its discretion and without notice. For example, EYESPRESSO may suspend or terminate your use of the Website if you do not comply with this agreement or if your use of the Website may engage the legal liability of EYESPRESSO, cause an interruption in the service of the Website, or prevent other people to use this one. EYESPRESSO reserves the right at any time to cease offering the Website, temporarily or permanently. EYESPRESSO will use all reasonable commercial efforts to notify you of the termination of the Website.
17. General provisions
This agreement is governed by the laws of the province of Quebec (Canada) and by the laws of Canada applicable to contracts between residents of Quebec and which must be performed in Quebec, and it will be interpreted in accordance with all of these laws. The parties hereby irrevocably submit to the jurisdiction of the courts of the district of Quebec, in the province of Quebec. You agree that any final judgment rendered in any such action or proceeding is binding and may be enforced in other jurisdictions by probate or by any other means provided by law. This agreement constitutes the entire and exclusive agreement between EYESPRESSO and you with respect to the Website, and it replaces any prior agreement between EYESPRESSO and you with respect to the Website. You agree not to assign or otherwise transfer this agreement or the rights or obligations it confers to a third party without the prior written consent of EYESPRESSO, which consent is at the sole discretion of EYESPRESSO. No assignment or delegation by you shall discharge or release you from your obligations under this Agreement. Subject to the foregoing, this Agreement binds each of the parties and their respective successors and assigns, and it shall inure to the benefit of each of them and may be executed by each of them. EYESPRESSO may assign this agreement to a third party without your consent. Nothing in this Agreement shall constitute a partnership or joint venture between you and EYESPRESSO . If any provision of this Agreement is declared invalid by a court of competent jurisdiction, such provision shall be deemed to be excluded from this Agreement and its exclusion shall not affect the validity of this Agreement as a whole. To contact us, if you have any concerns, questions or complaints regarding this agreement, please contact EYESPRESSO by email insert email address