Glasses4u Ltd., (“Glasses4u”, or “us”, “our”, “we”) provides through our website (the “Site”) various services including sales of eyeglasses (collectively, the “Services”). These Terms of Service (“Terms”) govern your access and use of the Site and Services. “You” or “Your” means an adult user of the Site and Services, or as the parent or guardian of any minor whom you allow access the Site and its Services and for whom you will be held strictly responsible.
Use of Site and/or Services
Glasses4u allows you to access and use the Site and Services subject to the terms and conditions of these Terms for your personal use only. This does not allow you to make any commercial use of the Site, Services or content provided therein.
Use of and access to the Site and/or Services is void where prohibited. By using the Site and/or Services, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, or else, have your parent’s or guardian’s permission to enter into this agreement, or otherwise have the ability to form a binding contract; and (d) your use of the Site and/or Services does not violate any applicable law or regulation or any obligation you may have to a third party.
You may not use any or all of the content in order to create a database, whether in print or electronically.
You acknowledge that Glasses4u may, in its sole discretion and at any time, discontinue providing the Site and/or Services or any part thereof without notice.
To create an account, you must select a username and password. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates the Terms and common practices. You may not provide false information during the registration process.
You should not reveal your password to other users. Glasses4u will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address.
You agree to immediately notify Glasses4u of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. Glasses4u will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Glasses4u harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail to [email protected] that your account has been compromised, and have requested us to block access to it. This includes illegal or improper use by someone to whom you have given permission to use your account. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site and/or Services.
Termination of Account
You agree that Glasses4u may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Site and/or Services any content associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, third parties, or the business interests of Glasses4u, with respect to the foregoing, whether performed by you or anyone using your account.
If Glasses4u believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Site and/or Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, content and behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Site and/or Services. You may request termination of your Glasses4u account at any time and for any reason by sending an email to [email protected] Any suspension, termination, or cancellation shall not affect your obligations to Glasses4u and its licensors under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
The purchase of eyeglasses and/or the use of the Site and/or Services may be subject to payment, both to Glasses4u and to any third party. Glasses4u may revise prices at any time without notice. Glasses4u currently accepts some major credit cards, but may add or change payment methods in its sole discretion. You must respect the terms and conditions of any payment methods you use. We reserve the right to cancel any orders if full payment is not timely received.
You are solely responsible for any taxes on amounts you may pay or obtain through the Site and/or Services. Glasses4u will deduct applicable charges and taxes from any payable amounts, as required by law.
Cancellation may be subject to cancellation fees. We reserve the right to cancel any transaction that we have reason to believe to have been fraudulently made, including by unauthorized use of a credit card, debit card, or other payment method. Shipping and delivery dates are estimates only. Shipping, handling and tax are additional unless otherwise expressly indicated at the time of sale. Glasses4u will allow for returns and refunds, in accordance with our return policy and as required by applicable law. We accept returns of defective merchandise within 14 days as well as of multifocal eyeglasses after the 1 month trial period. We will not deduct such shipping and handling costs if the eyeglasses were provided to you in a damaged state. Shipping of multifocals will be client’s responsibility.
Glasses4u and its licensors own the Site and/or Services, including all worldwide intellectual property rights in the Site, Services and content, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Site, Services or any content that we provide. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site, Services and content that we provide. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Glasses4u or any third party.
The software and technology underlying the Site and/or Services is the property of Glasses4u, and you may not do or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Site and/or Services, including in order to allow you to copy or download any content; (b) circumvent, disable, or otherwise interfere with security-related features of the Site and/or Services or features that prevent or restrict use or copying of any content; (c) use the Site, Services and/or content in connection with any commercial endeavors in any manner; (d) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site and/or Services; (e) harvest, collect or mine information about other users of the Site and/or Services; or (f) use or access another user’s account or password without permission.
Disclaimers & Disclaimer of Warranty
Your use of the Site and/or Services is at your sole discretion and risk. The Site and/or Services are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Glasses4u. Glasses4u EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, GOODS OR SERVICES MADE AVAILABLE THROUGH THE SITE, SERVICES AND/OR CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Glasses4u DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE AND/OR SERVICES; OR (II) THAT THE SITE AND/OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE AND/OR SERVICES.
Content on the Site and/or Services comes from a variety of sources. Glasses4u attempts to be as accurate as possible. HOWEVER, Glasses4u DOES NOT WARRANT THAT ANY ESTIMATION OR DESCRIPTION IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. Glasses4u IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY, APPROPRIATENESS OR INTELLECTUAL PROPERTY RIGHTS OF CONTENT POSTED ON THE SITE AND/OR SERVICES, WHETHER CAUSED BY USERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE AND/OR SERVICES. Glasses4u CANNOT AND DOES NOT ACCEPT ANY LIABILITY FOR ANY RELIANCE BY YOU ON SUCH INFORMATION. We reserve the right to correct any errors, inaccuracies or omissions and to change or update content at any time without prior notice (including after you have submitted an order).
Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive (whether religiously, ethnically or otherwise) or obscene materials that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against Glasses4u with respect to thereto. It also is possible for others to obtain personal information about you due to your use of the Site and/or Services. We are not responsible for the use of any personal information that you disclose on the Site and/or Services. Please carefully select the type of information that you post on the Site and/or Services or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
No advice or information, whether oral or written, obtained by you from Glasses4u, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Limitation of Liability
Glasses4u assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content. Glasses4u is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Site and/or Services, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site and/or Services. Under no circumstances shall Glasses4u be responsible for any loss or damage, including personal injury or death, resulting from use of the Site and/or Services, from any content posted on the Site and/or Services, or from the conduct of any users of the Site and/or Services, whether online or offline.
IN NO EVENT SHALL Glasses4u OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES OR CONTENT, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE AND/OR SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT Glasses4u HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL Glasses4u’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO Glasses4u FOR USE OF THE SITE AND/OR SERVICES. IF YOU HAVE NOT MADE ANY PAYMENTS TO Glasses4u FOR THE USE OF THE SITE AND/OR SERVICES, THEN Glasses4u SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
You agree to indemnify, defend, and hold harmless Glasses4u and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site and/or Services, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Site and/or Services shall be in compliance with all applicable laws, regulations and guidelines.
Content Linked to by Glasses4u
Portions of the Site and/or Services (including, without limitation, advertisements) may involve linking to or using websites and services belonging to third parties. The Site and/or Services may also provide you with links to access the websites and/or services of third party vendors or retailers. We have no control over third-party websites and/or services, and all use of third-party websites and/or services is at your own risk. Additionally, Glasses4u cannot accept responsibility for any payments processed or submitted through such third party websites and/or services, or for the privacy policies of any such websites and/or services. Glasses4u is not responsible for content or available by means of such websites and/or services. Glasses4u does not endorse any products or offered by third parties and we urge our users to exercise caution in using third-party websites and/or services.
These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms, Site and/or Services shall be brought exclusively in the courts in Tel Aviv/Jaffa and you irrevocably consent to their jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against Glasses4u must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and Glasses4u or authorizes you to act on behalf of Glasses4u. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between Glasses4u and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may elect to keep archives of all or parts of the Site and/or Services, but we cannot guarantee that anything available on the Site and/or Services, or any records or information relating to the Site and/or Services, will be archived, or that any archives will be preserved or made publicly available. We may delete any such information without notice, at our sole discretion.