Terms of Use | Hello Eyes

Last Updated: 5/1/2023

Welcome to the Hello Eyes website, https://helloeyes.ca (the “Website”), which is owned and controlled by Hello Eyes Services, ULC (“Hello Eyes”, “we”, “us” or “our”). The following Terms of Service (“Terms”) represent a binding agreement between each user of our Website (“you” or “your”) and Hello Eyes. These Terms govern your access to and use of the Website, as well as any products and services we may provide to you through the Website, including, but not limited to, the offering to purchase contact lenses or eyeglasses.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER, THAT MAY (TO THE EXTENT PERMITTED BY APPLICABLE LAW) AFFECT YOUR RIGHTS WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US.

By accessing or using our Website (including by registering for an account or making a purchase), or by expressly agreeing to these Terms in the manner provided on this Website, you accept these Terms. If you do not agree to these Terms, then you may not access or use this Website. If at any time you do not accept all of these Terms, you must immediately stop using the Website.

Use of the Website

Privacy

No professional advice

Electronic communications

Dispute resolution; arbitration; class action waiver

THIS SECTION DOES NOT APPLY TO QUÉBEC CONSUMERS

Some states or jurisdictions, such as Québec and Ontario, do not allow to impose mandatory arbitration to a consumer or to restrict a consumer’s right to go before a court.

Please read this section carefully because it affects your legal rights.

(a) Arbitration Agreement. You and Hello Eyes agree that, to the greatest extent permitted by applicable law, all claims and disputes relating in any way to your use of Hello Eyes’ Website, or to any products you purchase or purchased through Hello Eyes, shall be resolved by binding arbitration on an individual basis, except for (i) disputes which can be resolved in small claims court, (ii) any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or (iii) any dispute already pending at the time you first assent to these Terms.

(b) Waiver of Jury Trial. YOU AND HELLO EYES WAIVE ANY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Hello Eyes are instead electing to have claims and disputes resolved by arbitration. Arbitration is the referral of a claim or dispute to one or more persons charged with reviewing the claim or dispute and making a final binding determination to resolve it instead of having it decided by a judge or jury in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

(c) No Class Arbitrations, Class Actions, or Representative Actions. YOU AND HELLO EYES AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. Claims and disputes of more than one customer or user cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any individual or other group. Unless both you and Hello Eyes agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s) or dispute. Any relief awarded cannot affect other Hello Eyes’ users.

(d) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Any arbitration between you and Hello Eyes will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules. The AAA Rules and filing forms are available at www.adr.org or by calling AAA at 1-800-778-7879.

Some jurisdictions do not permit waiver of the right to participate as a plaintiff or class member in any purported class action or representative proceeding, so certain of the foregoing waivers may not apply to you. This section shall survive any termination of these Terms.

Intellectual Property

Unless otherwise noted, all information, account information, articles, data, images, passwords, customer information, screens, text, user names, web pages or other materials (collectively, the “Content”) appearing on the Website, the Website itself, and all features and functionality of the Website, are the exclusive property of Hello Eyes or its subsidiaries or licensors.

All information, products, services, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software and other Content contained on or used in the Website is protected by Canadian and international copyright laws. All rights not expressly granted to you under these Terms are reserved. Please assume that everything you see or read on the Website is copyrighted to, or used with permission from Hello Eyes unless otherwise noted.
The trademarks, logos, service marks and trade dress (collectively, the “Trademarks”) displayed on the Website are registered and unregistered Trademarks of Hello Eyes or others. The Trademarks 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 Hello Eyes. All other trademarks not owned by Hello Eyes or its subsidiaries that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hello Eyes or its subsidiaries.
Images of people, objects or places displayed on the Website are either the property of, or used with permission by, Hello Eyes.
We own or use by permission all software contained on the Website, including all HTML code. Copyright and other laws and international treaty provisions protect this software. The law expressly prohibits any modification, redistribution or reproduction of the software, and such actions could result in severe civil and criminal penalties. We will seek and support prosecuting violators to the maximum extent possible.
You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work or otherwise use the Content of the Website for public or commercial purposes without Hello Eyes’ authorization, except that:
Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features, you may take such actions as are enabled by such features.
Nothing on this Website shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication or otherwise.

Patents

Website license and prohibited uses

We grant you a limited, non-exclusive, revocable, non-sub-licensable and non-transferable license to access and make personal use of this Website only for lawful purposes and in accordance with these Terms, and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include the use of the Website to do any of the following, including:

resell or commercially use this Website or its contents;
download or copy any account information for the benefit of another merchant or other person or entity;
use any false or inaccurate information for purposes of establishing an account with us;
provide any information or take any other action with the purpose of establishing an account with us in order to place test orders;
delete or revise any material or other information of ours or any other user;
harvest or otherwise collect information about others, including e-mail addresses, without their consent;
collect or otherwise use any data located on the Website for litigation or legislative purposes;
take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure;
use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on this Website;
use any engine, software, tool, agent or other mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than (i) the search engine and search agents available from Hello Eyes and (ii) generally available third party web browsers;
allow any other person or entity to use your account information or other identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service;
use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries);
send, knowingly receive, upload, download, use, or re-use any material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable;
impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including by using email addresses or screen names associated with any of the foregoing); or
engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which may harm the Company or users of the Website or expose them to liability.

You further agree not to violate or attempt to violate the security of the Website, including actions such as:

accessing data not intended for you or logging into a server or account that you are not authorized to access;
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
attempting to interfere with service to any user, host or network, including by way of submitting a virus to or overloading, using any type of spyware or redirecting software, “flooding,” “spamming,” “mailbombing” or “crashing” the Website;
forcing the placement of cookies; sending unsolicited e-mail, including promotions and/or advertising of products or services; or
forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Hello Eyes without express written consent. You may not use any meta tags or any other “hidden text” utilizing Hello Eyes’ name or Trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Hello Eyes so long as the link does not portray Hello Eyes or our products or services in a false, misleading, derogatory or otherwise offensive matter, or suggest any form of association, approval, or endorsement on our part. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission, or disable all or any social media features and any links, at any time without notice in our sole discretion. You may not use any Hello Eyes logo or other proprietary graphic or trademark as part of the link without our express written permission.

Online purchases and other terms and conditions

Reselling products prohibited

Your account

Reviews, comments, communications, and other content

We welcome your comments, reviews, suggestions, ideas and messages, and certain areas of the Website may permit you to submit such content or other information to us (“User Content”). You agree that you are solely responsible for all of the User Content you submit to Hello Eyes and that any User Content you submit will be considered non-confidential and non-proprietary. By submitting User Content, you represent and warrant to us that:

any information contained in your User Content is not known by you to be false, inaccurate, or misleading;
the User Content does not infringe, misappropriate or violate the privacy, copyright, trademark, patent, trade secret, confidential information or other intellectual property rights of any third party;
the User Content is not illegal, obscene, threatening, defamatory, or otherwise injurious to third parties or objectionable;
the User Content does not consist of or contain software viruses, worms, spyware, adware, or other potentially damaging programs or files;
the User Content does not constitute political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”;
the User Content does not contain any information that you consider confidential, proprietary, or personal;
the User Content does not violate these Terms or any law (including those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising or criminal law); and
you own all rights in your User Content (including all rights to the communication, reproduction and display of your User Content) or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant to us the rights in your User Content as described in these Terms.

If you submit User Content, and unless we indicate otherwise, you grant Hello Eyes a non-exclusive, royalty-free, fully-paid, perpetual, worldwide, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display your User Content throughout the world, in any media and for any purpose (including commercial purposes and advertising) that we deem appropriate.

We reserve the right (but not the obligation) to remove or edit User Content for any or no reason, but we do not regularly review User Content. We take no responsibility and assume no liability for any content posted by you or any third party. We reserve the right to disclose your identity or other information about you to any third party who claims that User Content posted by you violates their rights, including their intellectual property rights or their right to privacy.

Export

Our rights

We may elect to electronically monitor areas of this 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 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 Website.

Without limitation to the foregoing, we further reserve the right to take appropriate legal action, including without limitation referral to law-enforcement, for any illegal or unauthorized use of the Website. We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. To the extent permitted by applicable law, you waive and hold harmless the company and its affiliates, licensees and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities.

We may terminate your access, or suspend your access to all or part of the Website, without notice, for any conduct upon violation of any applicable law or these Terms or is otherwise harmful to the interests of another user 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.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

Links to third party websites

Disclaimer of warranties and limitation of liability

THIS SECTION DOES NOT APPLY TO QUÉBEC CONSUMERS

THIS WEBSITE IS PROVIDED BY HELLO EYES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HELLO EYES MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THAT THIS WEBSITE WILL CONTINUE TO OPERATE OR THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, BUGS OR VIRUSES OR THAT THIS WEBSITE WILL BE COMPATIBLE WITH YOUR DEVICE OR RELATED EQUIPMENT OR SOFTWARE OR THAT DEFECTS IN THIS WEBSITE WILL BE CORRECTED. WE MAKE NO REPRESENTATION OR WARRANTY AND THERE IS NO CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THIS WEBSITE OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.

We attempt to be as accurate as possible in describing offered products. However, we do not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current or error-free. If a product we offer is not as described, your sole remedy is to return it in unused condition.

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PROVIDED BY LAW, HELLO EYES AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AGENTS AND SERVICE PROVIDERS, SHALL NOT BE LIABLE FOR: (A) ANY DIRECT DAMAGES IN EXCESS OF THE GREATER OF EITHER: (I) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO THE RELEVANT CAUSE OF ACTION ARISING; OR (II) $100.00; OR (B) SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, IN EITHER CASE ARISING FROM THE USE OF THIS WEBSITE.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity

Applicable law

Website policies and modification

Notice

Delivery and Order States

General information

These Terms and our Privacy Policy govern the use of the Website. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You and Hello Eyes are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms or your use of the Website.

The provisions of these Terms will ensure to the benefit of and be binding upon us and our successors and assigns, and you and your heirs, executors, administrators, and personal representatives. You may not assign these Terms or your rights and obligations under these Terms without our express written consent, which may be withheld in our sole discretion. We may assign these Terms and our respective rights and obligations under these Terms without your consent.

Each reference in these Terms to “include” or “including” shall be deemed (if not already expressly so) to be followed by the words “without limitation” and the terms “include” and “including” shall not be construed to limit any general statement which they follow to the specific or similar items or maters immediately following such terms. Words in the singular include the plural and vice-versa. The division of these Terms into provisions, sections and subsections and the use of headings are for convenience or reference and shall not affect the interpretation of these Terms.

Please see our Terms of Sale for information regarding order cancellations, refunds, and returns. The Terms of Sale are incorporated into these Terms.

TERMS OF SALE

These Terms of Sale are incorporated into the Hello Eyes Terms of Service.

Availability and Pricing

Taxes

Payment

Shipping; Risk of Loss

Refunds and Returns

Cancellations

Acceptance and Errors

Issues and Concerns

Disclaimer

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