Terms of service
OVERVIEW
This website, www.johnopticians.com, is operated by John Opticians. In these Terms of Service, “we”, “us” and “our” refer to John Opticians. By using our website and services, you agree to comply with the Terms of Service, which include additional terms, conditions, policies, and notices incorporated by reference. These terms apply to all users, including browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - TERMS OF ONLINE STORE
By agreeing to these Terms of Service, you certify that you are at least the legal age of majority in your state or province in which you reside and you have granted us permission to permit any of your minor dependents to use this site.
You may not use our products for any unlawful or unauthorised purposes, and you may not break any local laws (including, but not limited to, copyright laws) while using the Service. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
Anytime, for any reason, we have the right to deny service to anyone.
You are aware that your content (except credit card data) may be transmitted over a variety of networks and subject to (a) transmission over those networks, and (b) changes to meet and adapt to the technical requirements of those networks or devices. Whenever credit card data is transferred over networks, it is always encrypted.
You agree that you will not, without our prior written consent, reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, access to the Service or any contact on the website through which the service is given.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - INFORMATION ACCURACY, COMPLETENESS AND TIMELINESS If any information provided on this website is not true, complete, or up to date, we disclaim all liability. The content on this website is provided for informational purposes only and should not
be relied upon or used as the only basis for choices without consulting primary, more reliable, complete, or up-to-date sources of data. Your use of the information on this website is at your own risk.
This website may include some outdated information that is intended for your reference. Although we reserve the right to change the information on this site at any time, we are under no obligation to do so. You acknowledge that it is your duty to keep track of updates to our website.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Without prior notice, our product prices can vary.
We retain the right to change or stop providing the Service (or any feature or material within) at any time and without prior notice.
Any time the Service is altered, its pricing is changed, it is suspended, or it is discontinued, we won't be responsible to you or any third parties.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These goods or services might be in short supply and can only be returned or exchanged by our return policy.
We have done everything we can to ensure that the colour and photos of our products that appear in the store are as accurate as possible. The accuracy of any colour displayed on your computer monitor cannot be guaranteed by us.
We reserve the right, but are under no obligation, to restrict who is eligible to purchase our products or use our Services. On a case-by-case basis, we may use this right. We have the right to set a cap on the number of any goods or services we provide. All product descriptions and prices are subject to change at any time and without prior notice, at our sole discretion. Anytime, we reserve the right to stop selling any product. Any offer made on this website for any good or service is void where prohibited.
In addition, we do not guarantee that any faults in the Service will be fixed or that the quality of any goods, services, information, or other materials you buy or get will match your expectations.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order you place with us. We have the right to restrict or discontinue sales to one individual, one household, or one order at our sole discretion. These limitations may apply to orders made using the same credit card, the same billing address, the same shipping address, or orders made by or under the same customer account. If your order is modified or cancelled, we may attempt to reach you by phone, email, and/or the billing address/phone number you provided when placing the transaction. Orders that appear to have been placed by dealers, resellers, or distributors, in our sole discretion, may be restricted or prohibited.
For any purchases made at our store, you agree to provide current, complete, and accurate account and transaction information. For us to complete your transactions and get in touch with you as necessary, you agree to immediately update your account and other information, including your email address, credit card numbers, and expiration dates.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We might give you access to third-party tools that we don't monitor, control, or have any say in. You understand and accept that we provide these tools accessible "as is" and "as available" without any guarantees, assurances, or conditions of any sort. We also do not recommend or
make any claims about these tools. We won't be held responsible for anything related to or resulting from your use of optional third-party tools.
You must understand and agree to the conditions under which any optional tools given by the appropriate third-party provider(s) are provided before using any optional tools made available through the site at your own risk and discretion.
In the future, we might also launch new tools and materials as well as provide new services and/or features on the website. These Terms of Service will also apply to such new features and/or services.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS You agree that if you send us unsolicited creative ideas, suggestions, plans, or other materials (collectively, "comments"), whether online, by email, by postal mail, or otherwise, whether at our request (for example contest entries), or without our request, we may use, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are not and never will be obligated to (1) keep any comments anonymous; (2) compensate for any remarks; or (3) reply to any comments.
We may monitor, edit, or remove content that, in our sole judgement, is offensive, threatening, defamatory, libellous, pornographic, obscene, or otherwise objectionable, or that infringes any party's intellectual property or these Terms of Service, but we are not required to do so. You acknowledge that you will not post anything that infringes on anybody else's copyright, trademark, privacy, or other proprietary or personal rights. You further agree that your comments won't contain any defamatory, illegal, threatening, or otherwise objectionable content, as well as any malware that could in any way impair the functionality of the Service or any website connected to it. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if
any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY Your use of our service will not be uninterrupted, timely, secure, or error-free, and we do not promise, represent, or warrant that it will be.
We cannot warranty the accuracy or dependability of any outcomes that may be attained through the use of the service.
You acknowledge that we reserve the right to discontinue the service at any time and without prior warning, or to remove it altogether.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall John Opticians, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You consent to defend, hold harmless, and indemnify John Opticians and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and interns from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your violation of any law or the terms and conditions contained in or incorporated into these Terms of Service.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The termination of this agreement shall not affect the parties' obligations and liabilities accrued before the termination date.
Unless and until terminated by either you or us, these Terms of Service are in force. By telling us that you no longer wish to use our Services or by stopping your usage of our website, you may terminate these Terms of Service at any time.
If, in our sole discretion, you violate any term or provision of these Terms of Service, we may, among other things, terminate this Agreement at any time without notice, with or without cause, and you remaining liable for all amounts due up to and including the date of termination; and/or deny you access to our Services (or any portion thereof).
SECTION 17 - ENTIRE AGREEMENT
Any right or provision of these Terms of Service that we do not execute or enforce by them does not constitute a waiver of those rights or provisions.
All prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any earlier versions of the Terms of Service) are superseded by these Terms of Service, any policies or operating rules posted by us on this website or in relation to the Service, which together govern your use of the Service. Any discrepancies in how these Terms of Service should be read should not be used against the party who drafted them.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.
SECTION 19 - CHANGES TO TERMS OF SERVICE
The most recent version of the Terms of Service is always available on this page for your inspection.
By publishing updates and changes to our website, we retain the right to amend, modify, or replace any portion of these Terms of Service at any time. It is your duty to often check our website for updates. Any modifications to these Terms of Service that are posted after you first use our website or use the Service indicate your acceptance of those modifications.
SECTION 20 - CONTACT INFORMATION
Please contact us with any questions you may have by emailing johnopticians@gmail.com.