Terms & Conditions

Welcome to the FreshSpex website.  Please review the Terms of Use carefully, as they govern your use of FreshSpex.ca (the “Site”).

 

Canada FreshSpex d/b/a FreshSpex (“FreshSpex”, “we”, “us”) maintains this site for information and communication purposes. This webpage contains the Terms of Use governing your access to and use of the website at www.FreshSpex.ca (the “Site”). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Site.

A. TERMS APPLICABLE TO ALL USERS

Overview

YOUR USE OF THIS SITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.

You represent to us by using this Site that you are of the legal age in your province of residence and that you are duly authorized to use this Site and to enter into a contract with us.

For users who are not registered with this Site, your use of the Site will be deemed to be acceptance of the Terms of Use, Section A.

For users who are registered with the Site, your use of the Site shall be subject to (i) certain designated terms (see Section B below) in addition to those terms applicable to all users and (ii) shall be further conditioned on your clicking the "I AGREE TO THE TERMS OF USE" button at the end of the registration process.

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY EXIT THE SITE AND TERMINATE YOUR USE OF THIS SITE AND ANY INFORMATION OR PRODUCTS OBTAINABLE THROUGH THE SITE.

Changes to Terms

FreshSpex may, at any time, for any reason and without notice, make changes to (i) this Site, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Site. Any modifications will take effect when posted to the Site. Therefore, each time you access the Site, you need to review the Terms of Use upon which access and use of this Site is conditioned. By your continuing use of the Site after changes are posted, you will be deemed to have accepted such changes.

Promotions

In addition to the Terms of Use, any contests or similar promotions (“Promotions”) made available through the Site may be governed by specific rules that are separate from the Terms of Use.  By participating in such Promotions, you will become subject to those rules.  To the extent that the terms and conditions of such rules conflict with the Terms of Use, the terms and conditions of such rules control.

Shipping

FreshSpex will not accept any order that designates a shipping address outside of Canada at this point.

If you refuse a shipment from FreshSpex, you are responsible for the shipping charges and any fees associated with returning the goods to FreshSpex.  These amounts would be deducted from any refunds that you may be entitled to.

Returns

Merchandise may be returned within 365 days of purchase in its original condition (not worn or altered) and with all cases, clothes and other accessories contained in the order.  Shipping charges will not be refunded.  You are responsible for costs associated with sending the return.

FreshSpex will refund the purchase price, less discounts and shipping charges, to the same account to which the purchase was originally charged.

Title and Risk of Lost

Title and risk of loss transfers from us to you upon picking up of the merchandise by your selected carrier from our shipping centre.

Product Descriptions

FreshSpex attempts to be as accurate as possible.  However, FreshSpex does not warrant that product descriptions or any other content is accurate, complete, reliable, current, or error-free.  If a product is not as described, your sole remedy is to return it in unused condition to FreshSpex.

Valid Prescription Required

By placing an order for prescription eyeglasses at this Site, you hereby certify that (i) you have a valid and current prescription issued by your eye care professional and (ii) this prescription is for eyeglasses and not contact lenses and (iii) information you enter into the Site matches exactly your prescription as provided by your eye care professional and (iv) eyeglasses ordered on this Site are replacement (duplicate) eyeglasses only.

Jurisdiction

The Site is directed to those individuals located in Canada. It is not directed to any person in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Site and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Site. FreshSpex makes no representation that the information, opinions, advice or other content on the Site (collectively, "Content") is appropriate or that its products and services are available outside Canada. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.

Scope of Use and User E-Mail

You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Site for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.

You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Site, or the design or layout of the Site or individual sections of it, in any form or media. The systematic retrieval of data from the Site is also prohibited.

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy <provide hyperlink>. You agree not to submit or transmit any e-mails or materials through the Site that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. FreshSpex shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Site without the prior written consent of FreshSpex is strictly prohibited.

Copyrights and Trademarks

The materials at this Site, as well as the organization and layout of this Site, are copyrighted and are protected by Canadian and international copyright laws and treaty provisions. You may access, download and print materials on this Site solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include FreshSpex’ copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of FreshSpex.

Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Site without the prior written permission of FreshSpex. You may not use a part of this Site on any other website, without FreshSpex’ prior written consent.

FreshSpex respects the intellectual property rights of others and expects our users to do the same. The policy of FreshSpexs is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at contactus@FreshSpex.ca

Links

For your convenience, we may provide links to various other websites that may be of interest to you and for your convenience only.  However, FreshSpex does not control or endorse such websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our Site. These Terms of Use policy applies only to FreshSpex’ Site and the products and services we offer.  If you decide to access any of the third party sites linked to this Site, you do so at your own risk. We reserve the right to terminate any link or linking program at any time. FreshSpex disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

You may not link to this Site without FreshSpex’ written permission. If you are interested in linking to this Site, please contact as at contactus@FreshSpex.ca

No Unlawful or Prohibited Use

As a condition of your use of the Site, you warrant to FreshSpex that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Privacy

The personal information that you submit to this Site is governed by the FreshSpex Privacy Policy.  To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.

Read our full Privacy Policy.  (Inset link)

Spamming

Gathering email addresses from FreshSpex through harvesting or automated means is prohibited.  Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited.  Inquiries regarding a commercial relationship with us should be directed to info@freshspex.com

No Warranties

THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH FreshSpex EXPRESSLY DISCLAIMS. WE DO NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND WE WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE SITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE SITE. FreshSpex  MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE SITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.

Governing Law, Location and Miscellaneous

These Terms of Use shall be governed in all respects by the laws of the Province of British Columbia, Canada, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

Separate Agreements

You may have other agreements with FreshSpex. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with FreshSpex.

No Professional Advice

The information available on the Site is intended to be a general information resource regarding purchasing eyeglasses and related products, and is not tailored to your specific circumstance. You should not construe this as medical or other professional advice. This Site is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS SITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, MEDICAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.

Users Disputes

You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

User Submissions and Communications; Public Areas:

You acknowledge that you own, solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify FreshSpex or its affiliates for all claims resulting from content you supply.

If you make any submission to an area of the Site accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to FreshSpex by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted FreshSpex a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense its rights through multiple tiers of sublicenses.  If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to us by email. We try to answer every email in a timely manner, but are not always able to do so.

Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Site are not moderated or reviewed.  Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. We have full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.

FreshSpex reserves the right (but is not obligated) to do any or all of the following:

(a)   Record the dialogue in public chat rooms.

(b)   Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

(c)   Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use.

(d)   Terminate a Member's access to any or all Public Areas and/or the Site upon any breach of these Terms of Use.

(e)   Monitor, edit, or disclose any communication in the Public Areas.

(f)            Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.

FreshSpex reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. We have no liability or responsibility to users of the Site or any other person or entity for performance or non-performance of the aforementioned activities.

Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any FreshSpex confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Site shall be settled by binding arbitration in accordance with the provisions, in effect at the time the proceedings begin, of the Commercial Arbitration Act. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in the province of British Columbia, Canada.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.

Limitation of Liability

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. FreshSpex SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF FreshSpex HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY FreshSpex. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify, and hold FreshSpex its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS

Accounts and Security

FreshSpex does not warrant that the functions contained in the service provided by the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, each user will select a password (“Password”) and Login Name (“Login Name”). You shall provide FreshSpex with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.

You may not:

(a)   select or use a Login Name of another person with the intent to impersonate that person;

(b)   use a name subject to the rights of any other person without authorization;

(c)   use a Login Name that the Site, in its sole discretion, deems inappropriate or offensive.

You shall notify FreshSpex of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.  You shall be responsible for maintaining the confidentiality of your Password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at FreshSpex’ sole discretion, and you may be reported to appropriate law-enforcement agencies.

Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at info@FreshSpex.com