A. TERMS APPLICABLE TO ALL USERS
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.
Changes to Terms
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.
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.
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.
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.
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
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.
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 firstname.lastname@example.org
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
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.
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:
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).
(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.
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.
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.
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.