Terms of use

TERMS OF USE FOR opto-reseau.com

Last update: April 20, 2021


PLEASE READ THE TERMS BEFORE USING THE SITE


The following terms govern and apply to your use of the site maintained by Opto-Réseau Inc. (the “site”).

By accessing or browsing the site, you declare that you have read and understood the terms of use and agree to be bound by them. Please note that we may change the terms of use at any time without notice. Your continued use of the site will be deemed your acceptance of the revised terms.




1. INTELLECTUAL PROPERTY

All intellectual property on the site, except for user-generated content as defined below, is owned by us or our licensors and includes any copyrighted material, trademarks, or patents. All trademarks are owned, registered, and/or licensed by us. All content on the site, with the exception of user-generated content as defined below, including but not limited to text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features, and other content, is a collective work under Canadian or other copyright law and is the property of Opto-Réseau. The material on this site cannot be copied, reproduced, reposted, downloaded, displayed, transmitted, distributed, or modified in whole or in part, whether in textual, graphic, audio, video, or executable form, without our written authorization.

All rights reserved.


2. USE OF ENTERPRISE CONTENT

We may provide you with certain information as a result of your use of the site, including but not limited to documents, data, or information developed by us, or any other material that may assist you in using the site or services (the “enterprise content”). Enterprise content may not be used for any purpose other than the use of the site and the services offered on the site. Nothing herein may be construed as conferring a licence or intellectual property rights on you.



3. USER-GENERATED CONTENT

“User-generated content” includes communications, materials, information, data, opinions, photos, profiles, messages, notes, hyperlinks, textual information, designs, graphics, sounds, or other content that you and/or other users of the site post or make available on or through the site, except for content owned by us.



4. USER ACCOUNT AND ACCOUNT USE

If your use of the site requires an account identifying you as a site user (a “user account”):

a) you are solely responsible for your user account, for maintaining the confidentiality and security of your user account and all passwords associated with your user account, and for the activity of anyone who has access to your account with or without your permission;

b) you agree to immediately notify us of any unauthorized use of your user account, services provided through your user account, any password related to your user account, or any other breach of security of your user account or service provided through your user account and agree to assist us, as we may request, to stop or remedy any security breach related to your account; and

c) you agree to provide true, accurate, and current user information as we may request from time to time and you agree to notify us of any changes to your user information as required to keep the information we hold true, accurate, and current.



5. PAYMENT

When you make a purchase on the site, you agree to provide a valid payment instrument. Pay attention to the transaction details as the total price may include taxes, fees, and shipping costs for which you are responsible.

When you provide us with a payment instrument, you declare that you have permission to use such payment instrument. When you make a payment, you authorize us and the payment service we use to charge the full amount to the payment instrument you have designated for the transaction. You also authorize us to collect and record that payment instrument and any other information related to the transaction.

If you pay by debit or credit card, we may obtain pre-authorization from the card issuer for up to the full amount of the transaction. If you choose to cancel a transaction before it is completed, the funds used for pre-authorization may not be immediately available in your account.

We reserve the right to cancel any transaction if we believe that the transaction violates these terms or if we believe that by doing so we can prevent a financial loss.

To prevent financial loss, we may contact the issuer of your payment instrument, law enforcement authorities, or any affected third party (including other users) and may share the details of any payment you are associated with if we believe that such action would prevent financial loss or a violation of the law.



6. SALE OF PRODUCTS AND/OR SERVICES

We may sell goods or services. We are committed to being as accurate as possible with respect to all information about goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information, and you acknowledge and agree that the purchase of such products is at your own risk.



7. SHIPPING, DELIVERY, AND RETURN POLICY

You agree to provide payment for all items you may purchase on the site and you acknowledge and agree that prices are subject to change. When purchasing a physical product, you agree to provide us with a valid email address and shipping address and valid billing information. We reserve the right to refuse or cancel any order for any reason, including an error or omission in the data you provide. If payment has already been processed, we will issue a refund of the purchase price. We may require additional information from you before confirming the sale and reserve the right to place any additional restrictions on the sale of our products. For the sale of physical goods, we may pre-authorize your debit or credit card at the time you place the order or we may charge your card at the time the order is shipped. You agree to monitor your payment instrument. Shipping and delivery costs and scheduled delivery dates may change due to unforeseen circumstances.

For any questions or disputes, you agree to contact us in a timely manner at the following email address:

[email protected]

If you are not satisfied with goods you have purchased on our site, you can proceed as follows:

Your new contact lenses are designed with maximum precision for comfort and a perfect fit. If you’re not 100% satisfied with your new contact lenses within 30 days of purchase, your eye care professional will make every effort to replace them with something that works better for you. The guarantee does not apply in the event of loss, theft, a change in your prescription, accident, or misuse. If the replacement lenses are more expensive, you’ll be billed for the difference.



8. ACCEPTABLE USE OF THE SITE

You agree not to use the site for illegal purposes or any other purpose prohibited under this clause. You agree not to use the site in any way that could harm the site or Opto-Réseau’s services or business.

You also agree not to use the site to:

a) harass, abuse, or threaten others or otherwise violate the rights of individuals;

b) violate the intellectual property of Opto-Réseau or any other third party;

c) download or transmit computer viruses or any other software that could damage the property of Opto-Réseau or others;

d) commit fraud;

e) create or participate in gambling activities, lotteries, or illegal pyramid schemes;

f) post or distribute obscene or defamatory material;

g) post or distribute any material that incites violence, hatred, or discrimination against any group; and/or

h) unlawfully collect information about others.



9. PROTECTION OF PRIVACY

By using our site, you may provide us with certain information. By using the site, you authorize us to use your information in Canada and in any country in which we may operate.

When you register for a user account, you provide us with a valid email address and may also provide us with certain additional information, such as your name and/or billing information. Depending on how you use our site, we may also receive information from external applications you use to access our site or we may receive information about you through various web technologies such as cookies, logs, web beacons (also known as “clear gifs”), tags, and the like.

We use the information we collect from you to ensure that you have a good experience on the site. We may also track some of the passive information we receive to improve our marketing and analytics, and may work with third-party providers to do so.

If you wish to block our access to any passive information we receive from the use of various technologies, you may choose to disable cookies on your web browser. Please note that we will still receive any information you provide, such as your email address.

If you choose to terminate your account, we will store and keep your information for two years. After that period, all information about you will be deleted.



10. DISCLAIMER OF LIABILITY

Our site exists for communication purposes only. You acknowledge and agree that any information posted on our site is not intended to be legal, medical, or financial advice and no fiduciary relationship has been created between you and Opto-Réseau. You also agree that your purchase of products or services on the site is at your own risk. We are not responsible in any way for advice or any other information conveyed on the site.



11. REVERSE ENGINEERING AND SECURITY

You may not do any of the following:

a) Reverse engineer or disassemble any code or software on or from this site

b) Violate or attempt to violate the security of the site by any unauthorized access, circumvention of encryption or other security tools, data mining, or interference with any host, user, or network



12. DATA LOSS

We are not responsible for the security or content of your user account. Use of the site is at your own risk.



13. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Opto-Réseau and its affiliated companies against any claim, lawsuit, or demand, including attorney fees, arising from or relating to your use or misuse of the site, your violation of this agreement, or your conduct and actions. If we choose to do so, we will select our own attorney and participate in our own defence.



14. SPAM POLICY

You are strictly prohibited from using the site or any services offered on the site for illegal spamming activities, including collecting addresses and personal information from others or sending mass commercial emails.



15. LINKS AND THIRD-PARTY CONTENT

We may post links to third-party sites or services. We are not responsible for any damages or losses related to the use of any third-party services linked to our site.



16. SEVERABILITY

If any provision of these terms of use is determined to be illegal, void, or unenforceable in whole or in part, the unenforceable portion will not affect the validity and enforceability of the other provisions of these terms of use.



17. SERVICE INTERRUPTIONS

We may need to interrupt your access to the site in order to perform maintenance or unplanned emergency work. You agree that your access to the site may be affected by unplanned or unanticipated downtime for any reason and that we will not be liable under any circumstances for any damages or losses arising from such downtime.



18. TERMINATION OF YOUR USER ACCOUNT

We may suspend, limit, or terminate your user account and your use of the site at our sole discretion at any time, without notice and for any reason whatsoever, including the operation or efficiency of the site or any equipment or network owned by us or a third party that is interfered with by your use or misuse of the site or if you have been or are currently in violation of the terms hereof. We will have no liability to any third party, including any third-party provider, for any suspension, limitation, or termination of your access to the site.



19. NO WARRANTY

While we have made reasonable efforts to ensure that the content of this site is accurate, we cannot guarantee that the content is error-free, up-to-date, or complete. Under no circumstances will we be liable for any damages that may result from any errors on the site.

We assume no responsibility for any damages arising from the misuse of the site content. We cannot guarantee that the site will be available without interruption, error, or omission, that defects will be corrected, or that the site and the servers that make it available are free of viruses or harmful components. The site and its contents are provided on an “as is” and “as available” basis without representations, warranties, or conditions of any kind, either express or implied.

If you decide to subscribe to any services or features of the site that require subscription, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process and to ensure it is accurate by making necessary updates as soon as possible. You agree to maintain the confidentiality of any passwords or other account identifiers that you choose or that are assigned to you at the time of registration or subscription on Opto-Réseau or its partners and to assume responsibility for all activities related to the use of such passwords or accounts. You also agree to notify us of any unauthorized use of your password or member account. We will not be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of or in connection with your failure to comply with this provision.

You acknowledge that we may, at our sole and absolute discretion and without prior notice to you, suspend, cancel, or terminate your account, your use of or access to the site or any of its services, and remove and delete any information or content related to the site or any of its services (and terminate your use of the site or any of its services) for any reason whatsoever, including if we believe that you have violated these terms. You further agree that we will not be liable to you or anyone else as a result of any such suspension, cancellation, or termination. If you are dissatisfied with Opto-Réseau, any of its services, any of these terms, rules, policies, or guidelines, or our practices relating to the operation of Opto-Réseau or any of its services, your only recourse is to stop using the site or the service in question.



20. CONFIDENTIALITY

Communications via the Internet are subject to interception, loss, or alteration. You therefore acknowledge that information or material you provide electronically through your access to or use of this site is not confidential or exclusive, except as may be required under applicable law, and acknowledge that unprotected email communication over the Internet is subject to possible interception, alteration, or loss. 

For more information, please see our Privacy Policy at https://www.opto-reseau.com/en/privacy-policy/



21. LIMITATION OF LIABILITY

We are in no way liable for any damages you may suffer as a result of your use of the site, to the full extent of the law. The maximum liability of Opto-Réseau arising from your use of the site is limited to one hundred (100) Canadian dollars or the amount paid to Opto-Réseau in the last six months, whichever is greater. This applies to any claim, including but not limited to loss of profits or revenues, indirect or punitive damages, negligence, civil liability, or fraud of any kind.



22. QUESTIONS AND ADDITIONAL INFORMATION


If you have any questions or require additional information, please contact us at [email protected].