Terms & Conditions

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Understanding Our Service: Terms & Conditions

Thanks for visiting our website! Before you order your contact lenses, please take a moment to read these Terms and Conditions carefully. They outline the policies that govern your purchases with us.

 

Valid Prescription Required

When you place an order for contact lenses, you're confirming that you have a valid, current prescription. This means:

• Your prescription was issued by a qualified optometrist or contact lens fitter (your "practitioner").

• The prescription date is within the last 12 months of your purchase date.

You don't need to send us your prescription directly. However, by agreeing to these terms, you verify that you meet these requirements. We reserve the right to contact your practitioner to verify these details.

Please note: We are not responsible if you order lenses that have not been prescribed for you or if your prescription is older than 12 months. Your purchase confirms you've been prescribed the specific lenses you're ordering by a qualified professional.

Information on Optogenesis
Our Site is operated by and the Products are sold by Optogenesis (“us” or “we”). We are registered in Cyprus, company registration number HE228400 and our registered office (and main trading address) is located in Nicosia, Cyprus.

Other Definitions in this Agreement
“Data”: It collectively means all information that you submit, in any form, way, or medium, to Optogenesis via the Site.
“Cookies”: It refers to the small text file placed on your computer by this Site when you visit certain parts of it and use certain features of it. More details on cookies used by us are set out in our Privacy Policy document, which we strongly suggest that you also read.

Use of Our Site
Accessing our Site
Permission to access our Site is given on a temporary basis. We always reserve the right to withdraw or amend the service we provide on our Site without notice. We are not obliged to provide notice on how we withdraw or amend the service we provide on our Site. We hold no liability in the possibility that our Site becomes unavailable at any time or for any period. We always reserve the right to restrict, forbid or minimize access to all or parts of our Site at any time, with or without notice.
It is your responsibility to make all arrangements necessary to enable access to our Site. This includes technical and physical means, such as software, hardware, networks and internet access. It is also your responsibility to ensure that all persons who access our Site through your computers, networks and internet connections are aware of the Terms & Conditions and the Privacy Policy of our Site, and that they comply with them.

Compliance with Laws
In connection with your usage of the Optogenesis website you will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgements, decisions and other requirements of any governmental authority that has jurisdiction over you, including laws (federal, state or otherwise) that govern internet traffic and activity.

Prohibited Uses
Our site may be used only for lawful purposes. It is your responsibility to ensure that the usage of our Site by you, or others for whom you are responsible, is compatible with the laws, rules and regulations of your country or jurisdiction.
Our Site may not be used:

• In any way that breaches any applicable local, national or international law or regulation. It is your responsibility to know the laws, rules and regulations of your country or jurisdiction.

• In any way that is unlawful, illegal, fraudulent, harmful, criminal or has any unlawful, illegal, fraudulent, harmful or criminal intention, purpose or effect.

• In any way that is harmful to minors or attempting to harm them. Our Site may not be used by minors. It is your responsibility to supervise and control internet usage by minors under your protection or custody.

• To send, knowingly receive, upload, download, use or reuse any material without our express written permission.

• To transmit, send, or instigate the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation, known as “spam”.

• To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, injections, worms, time-bombs, keystroke loggers, spyware, adware, malware or any other harmful programs or software or similar computer code designed to adversely, directly or indirectly, affect the operation of any computer software or hardware or network.

By accepting these Terms & Conditions you also agree not to access without authority, nor interfere with, nor damage, nor disrupt any part of our Site or and equipment or network which our Site is stored, managed and operated, including all its software and hardware. This includes software, hardware, equipment and networks used in the provision of services for the operation of our Site owned, used, managed and/or operated by any third party.

Intellectual Property Rights
Optogenesis retains all rights, ownership, and interest in the intellectual property, including any copyright, trademark, or other marketing or promotional material published on the Site. These works are protected by copyright laws and treaties locally and globally. All such rights are reserved. Nothing in this Agreement shall be construed to grant you any rights, ownership, or interest in any material, promotional or otherwise, or in the underlying intellectual property, unless there is an explicit written agreement between Us and You.
You must not modify, alter, or misrepresented digital copies of any materials you have downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not quote text or other information from our Site in ways that it misrepresents or falsely frames Optogenesis. Our status, as well as that of any other contributors, as the authors and creators of material and content on our Site must always be acknowledged. This includes text, images, video, audio and any other intellectual content or property.
You must not use any part of the materials, content or property on our Site for commercial purposes without obtaining an express written permission to do so from us or our licensors.
If you violate the above terms in ways that includes, for example, printing off, downloading, copying, distributing any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, rectify all damages that you have made.

Reliance on Information Posted
All information, commentary, images, videos, audio and other materials posted on our Site, as well as any other linked websites or social media, are not intended to amount to advice on which reliance should be placed. Optogenesis disclaims all liability and responsibility arising from any reliance placed on such information and materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
We aim to update our Site regularly, and may change the content at any time without prior notification. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

Uploading or Submitting Material to Our Site
Any material or content or information, including text, images, audio and video, that you upload or otherwise submit to our Site will be considered non-confidential and non-proprietary. You grant us the right to use, copy, distribute and disclose to trusted third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material or information uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. It is your responsibility to verify that any material or information that you upload or submit to our Site does not violate any intellectual property rights or right to privacy of other persons.

Viruses, hacking and other offences
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. You must not attempt to gain unauthorised access to our Site, the servers on which our Site is stored or any server, computer or database connected to our Site. You must not attempt to take control of software, hardware, equipment or networks related to the operation of our Site, including those of third parties associated with us.
By breaching the above provision, you would commit a criminal offence. This will include your associates or others who under your control committed such criminal offences. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities, including disclosing your identity in our report to them. In the event of such a breach, your right to use our Site will cease immediately. In such event, further usage of our Site will be considered as additional proof of malicious intent.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your software, hardware, computer equipment, programs, data, storage devices, servers, networks or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

Linking to the Optogenesis Website
You may link to our Site through your website, social media accounts or in the context of your electronic communication with others. You agree that you will do so in a way that is fair and legal and does not damage our reputation or that of our affiliates or third parties that we cooperate with, nor take advantage of it. You agree that you will not provide a link through any medium in such a way as to suggest any form of association, affiliation, connection, approval or endorsement on our part where none exists. You are always solely responsible for your websites and social media accounts, including their development, operation and maintenance, and all materials that appear on or within it. The website from which you provide links to our Site must not violate any local or international laws, rules and regulations.
Optogenesis reserves the right to withdraw linking permission without notice. We may ask you to remove links to our Site from your websites and social media accounts at any moment.
If you wish to make any use of material on our Site other than that set out above, including becoming an affiliate, please address your request to optogenesis@hotmail.com.

Links from the Optogenesis Website
Our Site contains links to other websites, content and resources provided by third parties. Some of these third parties are affiliated with us and others are not. These links, content and resources are provided for your information only. We have no control of the linked websites, content and resources and therefore accept no responsibility, nor we are liable, for them or for any loss or damage that may arise from your use of them. In the same spirit, our Privacy Policy does extend to your use of these linked websites. It is your responsibility to familiarize yourself with the privacy policy and the terms and conditions of use of these linked websites prior to using them.
Optogenesis cannot guarantee the state and quality of products or services that you purchase from third party sellers that your reached via links on our Site. Any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller.

Material Uploaded to our Site
In the event of registering as a customer, using our online services or using or software, hardware, equipment or networks, or that of our third-party associates, you must not upload material that:

• Is defamatory of any person.

• Is obscene, offensive, hateful or inflammatory.

• Is sexually explicit.

• Is violent or promotes violence.

• Is discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age, or promote discrimination.

• Infringes on any copyright, database right or trade mark of any other person, organization or company.

• Is deceitful.

• Has been made in breach of any legal duty owed to a third party, such as a trademark, contractual duty or a duty of confidence.

• Promotes any illegal activity.

• Is threatening, abusive or invasive of another’s privacy, or cause annoyance, inconvenience or needless anxiety.

• Is likely to harass, upset, embarrass, alarm or annoy any other person.

• Is used to impersonate any person, or to misrepresent your identity or affiliation with any person.

• Gives the impression that they emanate from us, if this is not the case.

• Advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer software or hardware misuse.

Suspension and Termination

It is in our absolute discretion to determine whether there has been a breach of these Terms & Conditions by your use of our Site. We may take such action we deem appropriate when such a breach has occurred. If you fail to comply with the Terms & Conditions laid out in this document we may take all or any of the following actions:
Issue of a warning to you and/or individuals accessing and using our Site through your equipment or network.  
Immediate, temporary or permanent withdrawal of your right to use our Site and/or any other websites or networks under our ownership or control.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site and/or any other websites or networks under our ownership or control.
Disclosure of all necessary information to law enforcement authorities.
Legal proceedings against you for reimbursement of all costs on an indemnity basis resulting from the breach. This includes, but is not limited to, administrative and legal costs.
The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Sale and Purchase of Products
Your Status
By placing an order through our Site, as a registered user and/or a customer you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.

Contract between You and Optogenesis
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. This e-mail does not mean that your order has been accepted. What it means is that your order constitutes an offer by you to contract with us to buy the Products that we offer on our Site.
All orders are subject to acceptance by us. This acceptance will be confirmed from our part by sending you a confirmation e-mail. This e-mail confirms that the Product has been dispatched (the “Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. Optogenesis will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.