Terms of Service
TERMS AND CONDITIONS OF USE
Please read this Website Use Agreement (“this Agreement”) carefully. This Agreement is between you and the Ocumetics Health Sciences Corporation (“Ocumetics HSC) and governs your use of the "Ocumetics Health Store” website (“this Site”), currently at www.ocumeticshealthstore.com, including the services that are provided through this Site. By accessing, browsing and/ or using this web site you acknowledge that you have read, understood, the following terms and conditions of this agreement and you accept unconditionally these terms and conditions that govern the use of this web site. IF YOU ARE NOT IN AGREEMENT TO ALL THESE TERMS AND CONDITONS, DO NOT USE THIS WEB SITE.
USE OF THIS SITE
Your access to and use of this Site is subject to the following terms and conditions and all applicable laws and regulations that apply to this Site, to the Internet and/or to the World Wide Web. Your accessing and browsing of this Site constitutes acceptance of these terms and conditions without reservation, limitation or qualification, and acknowledges that any other agreements between you and Ocumetics HSC, are superseded and of no force or effect.
Ocumetics HSC manages this Site from its offices within Canada. Ocumetics HSC makes no representation that this Site or its content (including, without limitation, any products or services available on or/ through this Site) are appropriate or available for use in other countries. When you access this Site from outside Canada, you must accept all responsibility for compliance with local laws, if applicable. This Site is intended to be read in English. Any translation of this Site may be imprecise and inaccurate in whole or in part.
These terms and conditions are subject to change at any time, and it is your responsibility to keep apprised of such changes. Any such changes shall be effective immediately upon posting to this Site. Your continued access and/or use of this Site constitute your continuing acceptance of these terms and conditions without reservation, limitation, or qualification.
Ocumetics HSC neither warrants nor represents that your use of materials displayed on this Site will not infringe rights of third parties not owned by or affiliated with Ocumetics HSC.
This Site may contain or reference trademarks, patents, proprietary information, technologies, products, processes or other proprietary rights of Ocumetics HSC and/or other parties. No license to or right in any such trademarks, patents, trade secrets, technologies, products processes and other proprietary rights of Ocumetics HSC and/or other parties is granted to or conferred upon you.
The Information posted to this Site is believed to be accurate when posted, but is not warranted or represented in any way to be so. This Site may contain technical inaccuracies or typographical errors. Ocumetics HSC reserves the right to make changes, corrections and/or improvements to the information, and to the product and programs described in such information, at any time without notice. ANY USE OR RELIANCE ON SUCH INFORMATION IS AT YOUR OWN RISK. Ocumetics HSC assumes no liability or responsibility for any errors or omissions in the content of the information on this Site. In particular, Ocumetics HSC will not be liable for the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the information contained on this Site. ALL OCUMETICS HSC INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Ocumetics HSC makes no representation or warranties of any kind, express or implied, with respect to this web site or its contents, including without limitation the products, information or services offered or sold on or through this Site. Ocumetics HSC does not warrant the accuracy, completeness, updated, and reliability of the information, materials or services provided on or through this Site. Ocumetics HSC does not warranty the satisfaction of government regulations requiring disclosure of information concerning products or services offered on this Site.
Ocumetics HSC hereby expressly disclaims all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
The contents of this Site are for informational purposes only. Information contained on this Site, and reference to resource material is not intended to diagnose, treat, suggest a course of treatment, cure or prevent any disease, condition or malady. No warranty is made or given that any Information on or linked to this Site is complete and/or accurate, and no warranty is given that there may not be a contrary view to any of the material that is hereby published.
The Information contained in this Site, or obtained as a consequence of using this Site is not intended to be, nor is it implied to be, a substitute for professional medical or pharmaceutical advice. Any user should always seek the advice of their physician, pharmacist, or other qualified health care practitioner prior to commencing any treatment for any conditions, diseases or maladies, and questions in relation to such treatment should be directed to such professional health care providers. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE FROM YOUR HEALTHCARE PROFESSIONAL OR DELAY IN SEEKING SUCH ADVICE BECAUSE OF INFORMATION OBTAINED FROM THIS SITE. The information available on or through this Site, including, but not limited to, information that may be provided by healthcare or nutrition professionals employed by or contracting with Ocumetics HSC, should not be used for diagnosing or treating health problems or disease, or for prescribing any medication. Your reliance upon any information provided on this Site, or provided by Ocumetics HSC employees, or others appearing on this Site who appear at the invitation of Ocumetics HSC, is done so at your own risk.
You should speak with your doctor or your healthcare professional, and carefully read all information provided by the manufacturer of a product on or in any product label or packaging, before taking any dietary, nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem. This Site does not recommend the auto prescription at anytime. You should consult your doctor or other Healthcare Professional regarding any interactions between any medication you are currently taking and nutritional supplements. Information and statements regarding dietary supplements are not intended to diagnose, treat, cure, or prevent any disease.
This Site may contain content from third party sources. Ocumetics HSC does not necessarily endorse any third party products, views or information presented on this Site and such information or content may not reflect the opinions, recommendations or practices of Ocumetics HSC.
PRODUCT INFORMATION, DESCRIPTION, INGREDIENT AND PICTURE
Actual product packaging and materials may contain more and different information than what is shown on our website. We strongly recommend that you do not rely only on the information presented herein and that you always read labels, warnings, and directions before using or consuming a product.
TRADEMARKS AND COPYRIGHT
Everything you see or read on this Site is copyrighted, including design, page headers, button icons, graphics, images, text and arrangement thereof, and software used in this Site, and all intellectual property rights therein, including all copyright and trademark rights, are property of Ocumetics HSC, its licensors or others, as the case may be. Nothing from this Site may be used by you except as provided in these Terms and Conditions or in the text on the Site without the prior written permission of Ocumetics HSC. Ocumetics HSC neither warrants nor represents that your use of materials displayed on or downloaded from this Site will not infringe rights of third parties not owned by or affiliated with Ocumetics HSC.
Nothing contained in this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, logo, service mark or design displayed on this Site without the written permission of Ocumetics HSC or any third party that may own any such item displayed on this Site, including this Terms and Conditions of Use document. Your use of any of the trademarks, logos, service marks, designs and other intellectual property displayed on this Site and any other content on this Site is strictly prohibited except only and to the limited extent expressly permitted in this Terms and Conditions of Use document.
You must provide, at your own cost, all telephone and other equipment and services (including where necessary, telephone service and internet access service) necessary to access the Service.
Any communication or material you transmit to Ocumetics HSC through this Site by electronic mail or otherwise, including any data, questions, comments, suggestions, testimonials or the like (all of which are collectively called “Submissions”), is and will be treated as royalty-free, non-confidential and non-proprietary.
Any Submissions that you transmit, or post constitutes your warranty that such content is not subject to any third party copyright or any other proprietary rights and that you have full capacity and authority to make such submission.
Without limiting the generality of section above, you agree to sign and deliver to Ocumetics HSC on demand all further documents and assurances that Ocumetics HSC may request in connection with the assignments, transfers, releases and waivers contemplated by that section.
Although Ocumetics HSC may from time to time monitor or review discussions, chats, postings, transmission, bulletin boards, and the like on this Site, Ocumetics HSC is under no obligation to do so and assumes no responsibility or liability arising from the content of any such sources or locations for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such sources or locations on this Site.
Ocumetics HSC is not responsible for any Submissions which may be posted in any forum or news group accessible or operated through or by this Site, and Ocumetics HSC will have the right (but not the obligation) to remove from any such forum or news group anything which it sees fit to remove for any reason. You must not submit or otherwise publish through this Site or through any available forums or news groups anything which: (a) defames, libels or invades the privacy of any person; (b) is obscene, pornographic, abusive or threatening; (c) infringes on any intellectual property or other rights of any person or entity, including without limitation copyrights and trademarks; (d) violates any law; (e) advocates or describes any illegal activity; or (f) advertises or solicits funds for goods or services. Ocumetics HSC will fully cooperate with any law enforcement authorities or court orders requesting or directing Ocumetics HSC to disclose the identity of anyone posting any such information or materials.
Ocumetics HSC maintains and interacts with various Social Media sites. These social media sites include but are not limited to various blogs, bulletin boards, networks, multi-media and news media sites or other user generated content sites (“Ocumetics HSD Social Media Sites”). By accessing, viewing and/or posting any content to any Ocumetics HSC Social Media Site on the internet, you accept, without limitation or qualification, these complete Terms and Conditions of Use for those sites.
You agree that you are at least 18 years old and will not: violate any local, state, federal and international laws and regulations, transmit any material that is unlawful, disruptive, threatening, profane, abusive, or otherwise objectionable, transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation.
Ocumetics HSC is not responsible for the comments and postings therein and reserves the right to monitor, prohibit, restrict, block, suspend, terminate, delete, or discontinue your access to any Social Media Site, at any time, without notice and for any reason, in its sole discretion.
PERSONAL INFORMATION PRIVACY
Information sent or received over the Internet is insecure and Ocumetics HSC cannot and does not make any representation, warranty or promise concerning the interception by third parties of your personal or other information. Ocumetics HSC will not be responsible for any damages you or any third party may suffer as a result of, or in connection with, the transmission of any information from or to Ocumetics HSC through this Site.
The ads posted on this Site may include inaccuracies or errors. Ocumetics HSC does not under any circumstance accept responsibility for the accuracy or otherwise of any ads or messages in this Site, nor is any kind of warranty provided, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of a third party's rights of any kind. Ocumetics HSC is not responsible for any loss or damage that might be incurred by you as a result of your use of this Site or any advertisers or other third parties linked to this Site.
Ocumetics HSC specifically disclaims any and all liability to you and advertisers on this Site of any kind, for loss or damage of any nature, whatsoever and howsoever arising, whether due to inaccuracy, error, omission or any other cause, whether on the part of us, or our employees or agents, or any other person, due to your or their use of the ads, the information contained therein, or any other information available on this Site.
You are advised to review the ads and message details carefully before entering into any agreement, or before disclosing any personal information to the advertisers on this Site.
LIMITATION OF LIABILITY AND INDEMNITY
Your use of this Site is undertaken at your own risk. Neither Ocumetics HSC nor any of its directors, officers, employees, or agencies, or any other party involved in the creation, production, delivery or operation of this Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of this Site. Neither will Ocumetics HSC or its agents be held liable for any consequence following thereafter, including, without limitation, exposure to computer viruses or damage which may occur to your computer equipment or other property as a result of your access to this Site.
Without limiting the generality of the previous section, everything on this Site is provided to you without any warranty or representation of any kind, whether expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement or any other warranty which may be implied according to the laws of any jurisdiction. If your jurisdiction does not permit or restricts the expression or use of an implied warranty, then you are expressly denied use of this Site.
In no event will Ocumetics HSC or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assignees, nor any party involved in the creation, production or transmission of this Site, be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages (including and without limitation those resulting from lost profits, lost data or business interruption) arising out of the use, or the inability to use this Site. Neither will Ocumetics HSC or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assignees, nor any party involved in the creation, production or transmission of this Site be held liable for any website linked to this Site, or the materials, information or services contained on any such website, whether based on warranty, contract, tort or any other legal theory, whether or not you are advised of the possibility of such damages.
In the event of any problem with this Site or any content, you agree that your sole remedy is to cease using this Site. In the event of any problem with the products or services that you have purchased on or through this Site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Site.
You agree to indemnify and save Ocumetics HSC, and its officers, directors, employees, agents and distributors, harmless from and against any and all claims, loss, demands, liabilities, costs and expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: (a) your breach of any of your agreements, representations or warranties set out in these terms and conditions; (b) your access to or use of this Site or any site to which this Site is or may be linked to from time to time, or your use of, reliance on, or publication, communication or distribution of anything on or from this Site or any site to which this Site may be linked from time to time; and/or (c) your violation of any law or regulation. This indemnity survives termination of these Terms and Conditions.
Your sole remedy for dissatisfaction with this Site, Site-related services or products, content or information contained herein or on any hyperlinked website is to stop using this Site, Site-related services or products, content, information or any hyperlinked Site.
Framing of this Site by sites or site elements of parties not part of the Ocumetics HSC is not permitted. In-line linking or any other manner of incorporating parts of this Site in sites of parties not part of Ocumetics HSC is also prohibited.
All features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. Ocumetics HSC may revise or discontinue products at any time and are not responsible for typographical errors or misprints. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Ocumetics HSC makes all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any product or service on this Site at a particular time does not imply or warrant that these products or services will be available at any specified time. It is the customer’s responsibility to ascertain and obey all applicable local, provincial, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
When an order is placed through this Site, Ocumetics HSC reserves the right, at its own sole discretion, to refuse or cancel an order. Some situations that may result in an order being cancelled include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; product or ingredient restrictions mandated by local, state, provincial, national, federal, or international regulations; or problems identified by a credit and fraud avoidance group. Ocumetics HSC may also require additional verification or information before accepting an order. Ocumetics HSC will contact you if all or any portion of your order is cancelled or if additional information is required to process your order. If an order is cancelled after the credit card has been charged, Ocumetics HSC will immediately issue a credit to the respective credit card account in the amount of the charge.
Ocumetics HSC strictly follows all Canadian provincial and federal regulations regarding the sale, purchase and shipment of products or product ingredients that are considered to be restricted by Canadian authorities. IF YOU ARE LOCATED OUTSIDE OF CANADA, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS WITHIN YOUR JURISDICTION. All other terms and conditions regarding the order, including any return or exchange policy, will be set out in the invoice attached to your order.
Prices displayed on this Site (“Prices”) are in Canadian dollars (“Cdn”); other currencies serve only as reference to facilitate the utilization of this Site. It is the customer’s responsibility to ascertain the exchange rates applicable to the preferred method of payment.
Prices do not include shipping and handling or sales taxes, all applicable taxes will be added to the total invoice price. Consumers are responsible for the payment of all shipping and handling charges as well as PST and GST/HST.
Accepted orders will be shipped to the address designated by the purchaser, provided that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are to be made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to the customer upon delivery of the items to the carrier. Customers are responsible for filing any claims with carriers for damaged and/or lost shipments.
Prices and availability are subject to change without notice. In the event of errors in either pricing or product information, Ocumetics HSC retains the right, at its sole discretion, to cancel orders received for that particular item; head office will endeavour to contact the consumer for instructions.
You agree to maintain the security of your account on the site, including the security of your password and other confidential information relating to the use of this Site and your account. You agree to be responsible for all charges resulting from the use of your account, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Ocumetics HSC.
This Agreement shall commence upon your accessing the Site and/or completing the registration process. Ocumetics HSC reserves the right to terminate your use of this Site at anytime.
Ocumetics HSC reserves the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.
Ocumetics HSC controls this Site from within the province of British Columbia, Canada. Regardless of your place of residence or the location where you access this Site, you agree that this Agreement, your use of this Site and all related matters are governed by the laws in force within the province of British Columbia and Canada. You also agree, that any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against Ocumetics HSC, its agents, employees, successors, assignees or affiliates (collectively for purposes of this paragraph, " Ocumetics HSC ") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Ocumetics HSC’s advertising, purchase or dispute between you and Ocumetics HSC arising from or relating to your use of this Site, shall be submitted exclusively to the jurisdiction of the courts of British Columbia, Canada.
The failure of Ocumetics HSC to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by Ocumetics HSC. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or its Terms and Conditions must be filed within one year after such claim or cause of action arose or be forever barred.
This is a statement of our general Privacy Policies and Practices governing the ways in which confidential information is collected, held and used. This Policy is designed to provide privacy protection for the individual visitor, or user, of this Site.
The term “personal data” as used in this Policy refers to information such as your name, birth date, e-mail address or mailing address that can be used to identify you. Ocumetics HSC will not process your personal data without your consent.
In processing your personal data, Ocumetics HSC complies with internationally recognized standards of privacy protection. In so doing, we ensure compliance by our staff with strict standards of security and confidentiality.
INTENDED USE OF PERSONAL DATA
Browsing this Site does not require any form of registration; visitors are welcome without identifying themselves. However, some services such as product purchasing require that various information fields be completed. If you chose to withhold pertinent information, it might not be possible for Ocumetics HSC to connect you with access to exclusive client appreciation services and events orchestrated through this Site.
Ocumetics HSC processes personal data for specific and limited purposes, which we inform you about when we ask you for personal information. For example, Ocumetics HSC might collect and use personal data to provide you with information about new products or exclusive services, which we think may be of interest to you. Information you do provide will be used only to help us protect or further your interests; otherwise it will be kept private.
Ocumetics HSC keeps your data only for as long as is reasonably needed for such purposes and in accordance with any applicable legal or ethical reporting or documentation retention requirements.
NON-DISCLOSURE OF INFORMATION
Ocumetics HSC will not sell, share or otherwise distribute any personal data to third parties. However, personal data may occasionally be transferred to a third party acting on behalf of Ocumetics HSC to further process information only in accordance with the purpose(s) for which it was originally intended.
In the event that this Site is terminated, all personal data will be destroyed.
RIGHT OF ACCESS
Customers have the right to access and update your personal data or to require their deletion. Ocumetics HSC endeavours to ensure that personal data is up-to-date and accurate. If you wish to access or correct your personal data held by us, please email us at: email@example.com. Your requests will be dealt with promptly and efficiently. No charge will be levied for routine requests; however, a small fee might apply for repetitive or superfluous inquiries.
Requests to delete personal data will be subject to any applicable legal and ethical reporting or document filing or retention obligations imposed upon Ocumetics HSC by government authorities.
SECURITY AND CONFIDENTIALITY
To ensure the security and confidentiality of personal data that Ocumetics HSC collects on-line, Ocumetics HSC uses data networks protected by industry standard firewall and password protection. Access to personal data is restricted to those employees who have a need to use the data and who have been trained to handle such data properly and observe strict standards of confidentiality.
ANONYMOUS DATA AND “COOKIES”
Most of the information that Ocumetics HSC collects from its website(s) is anonymous information, such as the pages you visit and searches you perform. When you visit this Site, we do not collect any personal data from you unless otherwise authorized by you.
Anonymous information is processed by Ocumetics HSC to compile aggregate statistics about individuals using this Site for internal, market research purposes. In so doing, Ocumetics HSC may install “cookies” that collect the first level domain name of the user (e.g., “bigmail.com” from and e-mail address of firstname.lastname@example.org) and that date and time of the access. Cookies by themselves cannot be used to discover the identity of the user. A cookie is a small piece of information that is sent to your browser and stored on your computer's hard drive. Cookies do not damage your computer. You can set your browser to notify you when you receive a cookie, this will enable you to decide if you want to accept it or not.
Ocumetics HSC does not condone “spamming.” Spamming is defined as sending unsolicited e-mails, usually of a commercial nature, in large numbers and repeatedly to individuals with whom the sender has had no previous contact or individuals who have previously declined to receive such communications.
In contrast, where Ocumetics HSC believes that certain product, health, or financial information is of importance to you, it reserves the right to inform you by e-mail whilst giving you the choice of simply opting out of such service.
PERSONAL INFORMATION AND CHILDREN
Ocumetics HSC will not knowingly collect, use or disclose personal data from a minor under the age of 18, without obtaining prior consent from a person with parental responsibility (e.g., a parent or guardian) through direct off-line contact. We will provide the parent with (a) notice of the specific types of personal data being collected from the minor, and (b) the opportunity to object to any further collection, use, or storage of such information. Ocumetics HSC abides by laws designed to protect children.
LINKS TO OTHER SITES
We aim to constantly improve the tools and resources available to you and to manage the data that you provide to us most surreptitiously. Please refer to this page from time to time to review these other new features.