PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE DIGITAL SERVICES. THESE TERMS CONTAIN PROVISIONS THAT LIMIT YOUR LEGAL RIGHTS, INCLUDING AN ARBITRATION AGREEMENT (SEE SECTION 21 (“Disputes with Essilor”)), WAIVERS OF CLASS ACTIONS, AND LIMITATIONS ON ESSILOR’S LIABILITY.
Portions of the Digital Services provide general information about vision, vision care and vision correction. As further described in Section 17, this information is not intended to be a source of or substitute for medical advice. IF YOU SUSPECT THAT YOU HAVE A VISION PROBLEM OR MEDICAL CONDITION REQUIRING ATTENTION, CONTACT A QUALIFIED PROFESSIONAL AS SOON AS POSSIBLE. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
Certain information displayed in the Digital Services may be of an historical nature. All historical information contained in the documents or presentations set out in the Digital Services should be understood as referring to events and circumstances as they existed on the date that the relevant documents or presentations were first published or the relevant recordings were made.
If you wish to access the French version of the Terms and Conditions, please click here. Si vous souhaitez accéder à la version française des Conditions générales, veuillez cliquer ici.
If you have any questions or concerns regarding these Terms or our Digital Services, please contact us by email at email@example.com or by phone at: 514-337-2943. You can also reach us by mail or in person at the following address:
- Your Contract with Essilor
These Terms are a contract between you and Essilor. BY USING OR BROWSING THE DIGITAL SERVICES OR BY CLICKING ON A BUTTON OR BOX MARKED “I AGREE” OR “I ACCEPT” OR BY TAKING OTHER ACTIONS THAT INDICATE YOUR CLEAR ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE DIGITAL SERVICES. We reserve the right at any time, with or without notice, and at our sole and absolute discretion (i) to modify or terminate the Digital Services, or any portion thereof, and (ii) to suspend or terminate your access to the Digital Services or any portion thereof for any reason, including if you violate, or if we have reasonable grounds to suspect that you have violated, these Terms.
- Modifications to the Terms
We may amend these Terms at any time, with or without notice, and at our sole and absolute discretion, by posting a revised version on the Digital Services. Except as otherwise expressly provided herein, the revised version will be effective at the time we post it. You are responsible for reviewing these Terms for updates.
If the revised version includes a Substantial Change (as defined below), we may provide thirty (30) days’ prior notice of any Substantial Change by posting a notice on the home page of the applicable Digital Services. Where appropriate, such as where you have set up an account, you may be asked to check a box that you agree to the revised version of the Terms when you sign into your account. A “Substantial Change” means a change to the terms of these Terms that materially reduces your rights or increases your responsibilities.
- Additional Terms
Some Digital Services may be subject to additional terms and conditions, such as click-through agreements that require your acceptance, official rules for promotions, contests, programs, and policies (“Additional Terms”). Such Additional Terms, which are incorporated by reference into these Terms, are intended to supplement, not replace, these Terms. However, to the extent of any conflict between any applicable Additional Terms and these Terms, the Additional Terms will prevail.
- Accounts, Password and Security
Some portions of our Digital Services may permit or require you to create an account. You are responsible for maintaining the confidentiality of your account username and password. You should not permit others to use your account and you may not use anyone else’s account at any time. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We reserve the right to take any and all actions we deem necessary or reasonable to help ensure the security of the Digital Services and your account, including terminating your account. Notwithstanding the above, you are responsible for all activities that occur under your account and we may rely on the authority of anyone accessing your account or using your password. Essilor shall not be liable for any loss or damages resulting from (i) any action or inaction of Essilor under this provision, (ii) any compromise of the confidentiality of your account or password, and/or (iii) any unauthorized access to your account or use of your password.
Conditioned upon your compliance with these Terms, Essilor grants you a limited, revocable, non-exclusive license to access, use and display the Digital Services, and download and print the material on the Digital Services, solely for your non-commercial personal use and for no other purposes unless we specifically and expressly state otherwise. Our mobile applications are subject to the additional license terms and conditions set forth in Section 26 (“Mobile Devices and Applications.”) below. Essilor reserves all rights in and to the Digital Services (including Essilor mobile applications) not expressly granted to you under these Terms.
- User Generated Content
The Digital Services may offer opportunities to provide ratings, reviews, participate in an online forum, blog or other service (collectively, the “Online Community”) in which your comments and contributions are available to other users of the Online Community. You must be 18 to participate in our Online Community. Please remember that your User Generated Content may be publicly available .
If you choose to participate in our Online Community, you may post or submit truthful and accurate ratings, reviews, comments, photos, and other content (collectively “User Generated Content”), as allowed for the particular Online Community, so long as your User Generated Content does not violate these Terms, is not illegal, obscene, vulgar, deceptive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, email addresses, URLs, phone numbers, physical addresses or other forms of contact information, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of any User Generated Content. Your conduct should be guided by common sense and basic etiquette.
If we or our representatives provided you with a product, prize or compensation, you must disclose this fact in all User Generated Content. You must also disclose if you are an employee, vendor, supplier or are otherwise connected to Essilor if you are writing about any Essilor product or service in your User Generated Content.
Any opinions, advice, statements or other information provided or made available by third parties in the Online Community are those of the respective authors and not of Essilor. Essilor takes no responsibility and assumes no liability for any User Generated Content posted by you or any third party. You agree that you are responsible for any User Generated Content that you post or submit, and for any consequences thereof. We have the right, but not the obligation, to monitor, edit, to not post and/or to remove any User Generated Content.
- License and Indemnity for Your User Generated Content
Unless we indicate otherwise, if you post or submit User Generated Content, you hereby grant Essilor a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, print, transmit, translate, index, create derivative works from, distribute, display and otherwise exploit such User Generated Content throughout the world in any media or format, now known or hereinafter devised without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any third party. You hereby grant Essilor and its representatives and sublicensees the right to use the screen name or other name that you submit in connection with such User Generated Content, if we or they choose. By submitting User Generated Content, you agree that you are waiving the benefit of any provision of law known as “moral rights” or similar laws or concepts.
You represent and warrant (i) that you own or otherwise control all of the rights in and to your User Generated Content and have all permissions necessary to license the above rights to Essilor; and (ii) that your User Generated Content is accurate, does not violate any applicable law, rule or regulation, does not violate these Terms, and will not cause injury to any person or entity. You agree to indemnify and hold harmless Essilor, its affiliates, and their directors, officers and employees, successors and assigns from all claims resulting from User Generated Content that you post or submit.
- Your Conduct
Whenever you provide us with information, including when you create an account, you agree to: (i) provide true, accurate, current and complete information; and (ii) maintain and promptly update such information to keep it true, accurate, current and complete.
You agree not to propose ideas, concepts, methods or techniques for new or proposed services or products through the Digital Services. However, should you do so, you hereby grant to Essilor a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use the content of such communication in any manner whatsoever.
You also agree not to or attempt to, whether directly or indirectly: (i) access any information, documents or material by working around any technical limitations in the Digital Services that limit your use of or access to the Digital Services; (ii) disrupt or interfere with the security of, or otherwise cause harm to, the Digital Services, including systems resources, accounts, passwords, servers or networks connected to or accessible through the Digital Services or any affiliated or linked websites, applications, materials, documents or services; (iii) access or use the Digital Services in any manner that could damage, disable, overburden or impair any server or network; (iv) infringe any intellectual property rights or other rights; (v) post or otherwise submit any software, programs or files that are harmful or disruptive to any equipment, software or other property, including corrupted files, time bombs, Trojan Horses, viruses and worms; (vi) create a false identity for the purpose of misleading Essilor or others or use any Essilor domain name as a pseudonymous return email address; (vii) disrupt, interfere or inhibit any other user from using and enjoying the Digital Services; (vii) violate any applicable laws or regulations related to the access to or use of the Digital Services; (ix) violate these Terms; (x) prepare, compile, scrape, harvest, download or otherwise use or copy any user information, usage information or any other information, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party; (xi) transmit unsolicited or bulk communications to any Essilor account holder or to any Essilor affiliated e-mail address or engage in any chain letters, contests, junk e-mail pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise); (xii) violate the rights (including rights of privacy and publicity) of Essilor or any third party or abuse, defame, harass, stalk or threaten another; and/or (xiii) use any robot, spider, or other such programmatic or automatic device, including automated dial-in or inquiry devices, to obtain information from the Digital Services or otherwise monitor or copy any portion of the Digital Services.
Delays resulting from you are not the responsibility of Essilor. We reserve the right to deny refunds, replacements or exchanges for shipments that are undeliverable or mis-delivered due to your error, acts, omission or negligence.
- Product Descriptions
(This Section 11 is not applicable to Quebec consumers)
We have made every effort on the Digital Services to display the dimensions, features and colors of our products as accurately as possible. However, the colors you see in our products will depend on your monitor or other display and we cannot guarantee that colors will be accurately displayed. We do not warrant that the product descriptions are accurate, complete, reliable, current or error-free.
- Typographical Errors
(This Section 12 is not applicable to Quebec consumers)
Essilor will not be liable for typographical errors, including, but not limited to, incorrect prices, on the Digital Services and we reserve the right to refuse or cancel any order or service in the event of a typographical error.
- Third Party Services, Content and Websites
- Links to the Digital Services
You are expressly prohibited from framing, linking or otherwise using or displaying the Digital Services so that they appear to be part of your own or someone else’s website or digital platform.
- Copyrights and Trademarks
Essilor and other trade names, marks, logos, graphics, and trade dress used on the Digital Services are the trademarks of Essilor or third parties, and may not be used in any manner (including in “meta-tags” or “hidden text”) without our prior written approval. Except where explicitly noted otherwise, all content on the Digital Services is copyrighted and protected under national laws and international treaties throughout the world. You may not copy or use the Digital Services, or any portion thereof, in any manner without our prior written approval. The Digital Services may also contain content that is subject to the copyright and other rights of third parties.
- Copyright Modernization Act Notice
We respect the intellectual property rights of others. If you believe that your work has been posted on the Digital Services in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Digital Services where the material that you claim is infringing is located; (iii) your address, telephone number, and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Essilor’s designated agent for notice of copyright infringement is:
Attn: Vice-President of Legal Affairs – Canada
EssilorLuxottica Canada Inc.
371, Deslauriers St
It is our policy to terminate in appropriate circumstances account holders who are repeat infringers.
- Medical Disclaimer; Eye Care Professional Locator
Portions of the Digital Services provide general information about vision, vision care and vision correction. This content is intended for informational purposes only. We do not provide medical advice or professional healthcare advice and the Digital Services should not be used as a source of or substitute for such advice. If you suspect that you have a vision problem or medical condition requiring attention, contact a qualified professional as soon as possible. If you are experiencing a medical emergency, call 911 immediately.
Although the Digital Services may provide you with the ability to locate eye care professionals (“ECP”) offering Essilor products through a “Where to Buy” or similar ECP locator feature (individually and collectively, “ECP Locator”) and may offer information and other content provided by ECPs and other healthcare professionals, your use of the Digital Services does not create a healthcare professional-patient relationship or a doctor-patient relationship with any with any ECP or other healthcare professional.
ECPs are required to keep the information contained in the ECP Locator regarding their practice reasonably current and accurate. However, such information is supplied by third parties and is not independently verified by Essilor. We make no representations or warranties of any nature with respect to such information, including the implied warranties or conditions of merchantability and fitness for any particular purpose. We urge you to verify the accuracy of this information with appropriate sources, such as the ECP’s office, insurance providers, provincial medical or professional licensing boards and relevant professional associations.
The ECP Locator is provided as a convenience to consumers to enable them to locate ECPs offering our products. Any other use is strictly prohibited. Although Essilor may represent preferential display of ECPs on the listing of results based on a wide range of criteria forming part of a complex algorithm, WE DO NOT ENDORSE OR RECOMMEND, OR MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES PROVIDED BY, ANY INDIVIDUAL ECP OR ECP PRACTICE, INCLUDING ECPS RANKING FIRST ON THE DISPLAY LIST OF RESULTS AND/OR ECPS REFERENCED OR LISTED ON, OR ACCESSIBLE THROUGH, THE ECP LOCATOR OR OTHER PORTIONS OF THE DIGITAL SERVICES. Exclusion from the ECP Locator does not indicate our disapproval of any ECP.
YOU ARE SOLELY RESPONSIBLE FOR CHOOSING YOUR ECP AND OTHER HEALTHCARE PROFESSIONALS. YOUR USE OF THE ECP LOCATOR AND DIGITAL SERVICES IS AT YOUR OWN RISK. We shall not be liable to you or others for any decision made or action taken in reliance on the information obtained from the ECP Locator or the Digital Services.
(This Section 18 is not applicable to Quebec consumers)
TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, (i) THE DIGITAL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ESSILOR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE DIGITAL SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT AND WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; (ii) ESSILOR MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE DIGITAL SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED OR ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR THAT DEFECTS WILL BE CORRECTED; (iii) ESSILOR IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENT THE DIGITAL SERVICES; AND (iv) YOU ASSUME TOTAL AND SOLE RESPONSIBILITY AND RISK FOR YOUR USE OF THE DIGITAL SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSIONS OR LIMITATIONS SET FORTH ABOVE, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability
(This Section 19 is not applicable to Quebec consumers)
TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, IN NO EVENT SHALL ESSILOR, ITS AFFILIATES, EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS AND SUPPLIERS, SUCCESSORS AND ASSIGNS BE RESPONSIBLE OR LIABLE FOR PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS, LOST REVENUES, LOSS OF DATA, LOST BUSINESS OPPORTUNITIES AND/OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING IN ANY WAY TO THE DIGITAL SERVICES, OR UNAUTHORIZED ACCESS TO OR USE OF THE DIGITAL SERVICES OR ESSILOR’S SERVERS, OR ANY PERSONAL, FINANCIAL OR OTHER INFORMATION STORED THEREON OR IN TRANSIT THERETO, WHETHER BASED IN TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER ESSILOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE DIGITAL SERVICES IS TO STOP USING THE DIGITAL SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
- Export Restrictions
Any software and all underlying information and technology downloaded from the Digital Services (collectively the “Software”) by you may be subject to export and/or import controls regulations in Canada and in other countries. You are responsible for complying with all trade regulations and laws, both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any county, or to any person, entity, or end-user subject to Canadian export controls.
- Disputes with Essilor
You and Essilor agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this Section. Please read this Section 21 carefully. It affects your rights and will impact how claims you and Essilor have against each other are resolved.
We want to learn about and address your concerns and, if we are unable to do so to your satisfaction, provide you with a neutral and cost effective means of resolving any dispute quickly. Please contact us regarding any concerns related to the Digital Services, using the contact information provided at the beginning of these Terms.
(This subsection (b) is not applicable to Quebec consumers)
You agree that the laws of Ontario will govern these Terms and the courts of the judicial district of Toronto shall have exclusive jurisdiction in any matter pertaining to these Terms, irrespective of whether the alleged breach occurs in or outside of Ontario, without regard to principles of conflict of laws, and on any claim or dispute that has arisen or may arise between you and Essilor, except as otherwise stated in these Terms. You understand that the Digital Services are directed only to residents of Canada.
(This subsection (c) is not applicable to Quebec consumers)
You and Essilor each agree that any disagreement or dispute relating to these Terms or arising out of their interpretation or application or in connection with the Digital Services, except for a dispute relating to the enforcement or validity of intellectual property rights shall be subject to mediation. To this end, you and Essilor undertake to participate in at least one mediation meeting by delegating a person with decision-making authority, the mediator will be chosen jointly by the parties. If no agreement is reached within 60 days following the appointment of the mediator, the dispute will be settled definitively by arbitration and excluding the courts, according to the laws of Québec. You and Essilor each may at any time agree on a longer period before submitting the dispute to arbitration. Unless you and Essilor each decide otherwise in an arbitration agreement, the arbitration shall be conducted under the auspices of an arbitrator alone and will be conducted in accordance with the rules of law and the provisions of the Code of Civil Procedure of Québec, in force at the time of this dispute. The arbitration award shall be final, binding and without appeal and binding on the parties. YOU ARE HEREBY EXPRESSIVELY GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE.
- Prohibition of Class and Representative Actions and Non-Individualized Relief
You and Essilor agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Essilor 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). Any relief awarded cannot affect other users of the Digital Services. YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS.