Terms & Conditions M'eye eStore Essilor
“www.meyestore.ca” (the “Website”) is provided by Essilor Instruments, a division of Essilor Group Canada Inc. (“we”, “us”, or “our”) and owned by Essilor International S.A., a company having its registered office at 147, rue de Paris 94227 Charenton, Cedex, France.
This Website is hosted by the company ONLINE SAS.
These general terms and conditions of use, which include the IP Policy (as defined below) (collectively, the “Terms and Conditions”) are applicable to any use of the Website.
For the purposes of these Terms and Conditions:
- "include" and "including" means "including without limitation" and is not to be construed to limit any general statement which it follows to the specific or similar items or matters immediately following it;
- “you” or “your” means the physical or legal person, including its employees and authorized representatives, using the Website or purchasing products.
By accessing or using the Website or purchasing products, you are indicating your acknowledgment and acceptance of these Terms and Conditions. Please read these Terms and Conditions carefully.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU CANNOT USE THIS WEBSITE.
We may revise these Terms and Conditions at any time and for any reason by updating this page. These Terms and Conditions were last updated and are effective as of the “Updated” date indicated below. You should visit this page from time to time to review the then-current Terms and Conditions because they are binding on you and your continued use of or access to the Website signifies your acceptance of these revised Terms and Conditions.
These Terms and Conditions solely govern access to and use of the Website. For the applicable terms and conditions governing online purchase made through the Website, please see the Purchase Terms [HYPERLINK].
1. PRODUCT INFORMATION
The products available for sale on this Website are available only in Canada and this Website is directed only at customers and prospective customers. At this time, only optical consumable products are available for sale online. Please contact your sales’ representative to obtain a quotation for all other products listed on this Website.
We update continually our product listing on this Website. We reserve the right to revise and/or discontinue such listings at any time. We attempt to be as accurate as possible in describing all products available for sale on this Website. However, we do not warrant that product descriptions or other Content (as described below) of this Website are accurate, complete, reliable, current or error-free.
Prices which may be displayed or advertised on the Website or through any other electronic communications from us are in Canadian dollars and do not include shipping and handling fees or applicable sales taxes, and are subject to change without notice at our sole discretion. Despite our efforts, a product displayed or advertised on the Website or otherwise may be mispriced.
We do not guarantee the availability of any product listed on the Website.
THE DISPLAY OF PRODUCTS ON THE WEBSITE DOES NOT CONSTITUTE AN OFFER BY US TO SELL PRODUCTS. WE CANNOT CONFIRM THE PRICE OF ANY PRODUCTS UNTIL YOU SUBMIT AN ORDER.
2. YOUR CONDUCT
Any conduct by you that in our opinion and at our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted. You agree to use the Website only for lawful purposes. You are prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website unless you first obtain our express written consent to do so. You agree not to access the Website by any means other than through the interface that is provided by us for use in accessing the Website.
The brand name and other graphics, logos, and service names used on the Website by us are our trademarks or the trademarks of our licensors. Such trademarks may not be used in connection with any third-party products or services or in any manner that disparages or discredits us or our licensors. All brands and names (including third-party product names) are the property of their respective owners.
4. OUR RIGHTS
We may elect to electronically monitor areas of the Website 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 Website; or (iii) to protect our rights or property or the rights of users.
We are not responsible for screening, policing, editing, or monitoring any third party content appearing on the Website. 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 Website.
We may terminate your access, or suspend your access to all or part of the Website, 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.
5. APPLICABLE LAW AND DISPUTE RESOLUTION
This Website is controlled and operated by us and these Terms and Conditions, this Website, and any use of it shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein without reference to principles of conflict of laws. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in the district of Montreal, Province of Quebec and irrevocably agree that all disputes shall be heard in such courts. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
We make no representation that the Content (as defined below) on the Website is appropriate or available for use outside of Canada. You are responsible to ensure that your access to this Website and Content available on or through it are legal in each jurisdiction in or through which you access or view the Website or such Content.
6. SITE CONTENT
You acknowledge that the Website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.
7. ELECTRONIC COMMUNICATIONS
When you visit the Website or send us e-mails, you are communicating with us electronically and you hereby consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this Website. 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.
The Website might employ “cookie” technology at times. Cookies are small pieces of data stored in files on your computer allowing our Website to track your use of the Website as you visit and revisit the Website (the pages you visited, date and time of the visit, etc.), but will not enable to identify you.
9. INTELLECTUAL PROPERTY POLICY
Because copying can harm rightful owners of intellectual property rights we drafted the following intellectual property policy (the “IP Policy”):
9.1: You may not infringe any of the intellectual property rights associated with the manufacture, design, branding and packaging of any products advertised on the Website nor introduce any modifications to the products supplied by us unless the nature of the delivered product dictates otherwise.
9.2: Use of the Website does not constitute a license to use in any way, any of the trademarks owned by us or our licensors. All content, designs, text, graphics, software compilations, underlying source codes, and other graphic arrangements together with the compilation (meaning the collection, arrangement and assembly) of all content on the Website are the copyright of us or our licensors, where applicable. Permission is granted to users to download and print one copy of the Website for their own personal, non-commercial, use. Any other use of the Website including the reproduction, modification, distribution, transmission, republication, display or performance of the Content without prior written consent from us is strictly prohibited. Moreover, you may not create and/or publish your own database that features substantial parts of the Website without our prior written prior approval.
9.3: Subject to any applicable law, any communications that you send or which are sent to you via the Website, whether solicited by us or otherwise, are on a non-confidential basis, and we are free to use and disclose the content of any such communication, including any ideas, inventions, concepts or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including copyright, trademark, patent, unfair competition, moral rights, or implied contract). If you send any unsolicited idea, suggestion or other material in any format, which we call “submissions”, to us or the Website, you automatically grant us and our successors and assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the submissions or any ideas, concepts, know-how or techniques associated with the submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of us or our successors or assigns. You waive all author’s moral rights in your content and submissions (including the right to be associated with your content or submission) upon submission, as well as the right to receive any financial or other consideration in connection with your content and submissions.
10. DISCLAIMER OF WARRANTY
THE CONTENT OF THIS WEBSITE IS PROVIDED BY US AS A SERVICE TO YOU.
YOU ACKNOWLEDGE THAT YOU ARE USING THIS WEBSITE, INCLUDING ITS CONTENT, AT YOUR OWN RISK. WE DO NOT GUARANTEE ERROR-FREE OR UNINTERRUPTED OPERATIONS OF THE WEBSITE.
THE CONTENT IN THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM AND EXCLUDE ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ALL CONTENT IN THIS WEBSITE, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS IN RESPECT OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPLETENESS, ACCURACY, CURRENCY, RELIABILITY OF INFORMATION PROVIDED BY US, SECURITY OF THE WEBSITE, OR THAT THE CONTENT IN THIS WEBSITE SATISFIES YOUR REQUIREMENTS OR BEING WITHOUT DEFECT OR ERROR.
THIS WEBSITE MAY INCLUDE CONTENT PROVIDED BY THIRD PARTIES AND USERS. FOR SUCH CONTENT, WE ARE NOT A PUBLISHER. WE HAVE NO MORE EDITORIAL CONTROL OVER SUCH CONTENT THAN DOES A PUBLIC LIBRARY OR NEWSSTAND. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING MERCHANTS AND LICENSORS) ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH CONTENT.
TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE BY YOUR USE OF THIS WEBSITE TO ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH YOUR USE OF THIS WEBSITE, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEBSITE.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEBSITE 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 WEBSITE, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (iv) ANY OTHER MATTER RELATING TO THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AVAILABLE THROUGH THE WEBSITE. THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU AGREE TO INDEMNIFY AND HOLD US, AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, LICENSORS OR OTHER PARTNERS, EMPLOYEES AND OTHER REPRESENTATIVES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT OR SUBMISSIONS, POST TO OR TRANSMIT THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE, YOUR CONNECTION TO THE WEBSITE, YOUR VIOLATION OF THESE TERMS AND CONDITIONS, AND YOUR VIOLATION OF ANY RIGHTS OF THIRD PARTIES.
12. GENERAL INFORMATION
12.1: These Terms and Conditions constitute the entire agreement between us (you and us) and govern the use of the Website. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
12.2: If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intention as reflected in the provision and the other provisions of the Terms and Conditions remain in full force and effect.
12.3: No waiver of any provision of these Terms and Conditions shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
12.4: You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or any use of the Website.
12.5: You may not assign any right, interest, or benefit provided under these Terms and Conditions or through the Website without our express prior written consent.
13. CONTACTING US
For all questions or claims, you can contact our order desk at:
January 1, 2019