These terms and conditions of use of the website www.gotooptician.com (“the Site”) between CP Services Private Limited, a company incorporated under the Companies Act, 1956, with its registered office at No.71/1, 6th floor, Brigade Plaza, S.C.Road, Anand Rao Circle, Gandhi Nagar, Bangalore - 560009, Karnataka, India (“CP/the Site Owner/Us/Our/We” and its successors and assigns) and the users of the Site ("You" or "Your" or "Yourself" or "User") describe the terms on which the Site Owner offers You access to the Site.
For the purposes of these Terms:
· "include" and "including" means "including without limitation" and is not to be construed to limit any general statement which it follows to the specific or similar items or matters immediately following it;
· “you” or “your” means (a) the individual, if the individual is using the Website or purchasing Products (as defined below) for his or her personal use; or (b) the corporation, institution, partnership, organization or other entity on whose behalf the individual accepting these Purchase Terms is acting;
By purchasing Products (as defined below), you are indicating your acknowledgment and acceptance of these Purchase Terms and Conditions, the terms and conditions of use of the Website (the “Terms and Conditions of Use”) www.gotoopticiam.com. Please read these Purchase Terms and Conditions and the Terms and Conditions of Use carefully.
YOUR ACCOUNT OBLIGATIONS
PRODUCTS DESCRIPTION & AVAILABILITY
By placing orders through this Website you are offering to contract with us for the supply of eyewear products included in the online catalog ("Products").
CP Services offers a platform that facilitates sale and purchase of eyewear by various third party vendors/product selling partners (“Product Partner”) to users. All the Services provided by the CP Services to you by means of your use of the registration on the Site are hereinafter referred to as the "Service". The purchase of products and services shall be governed by the Terms of Offer For Sale.
The entire booking request as may be directed by the customer/User shall be forwarded to the concerned Product Partner by the Site Owner. The Product Partner shall provide the requested product on availability basis and the same shall be communicated to the User through the company internal mechanism procedure within a period of 24 (twenty four) hours.
In case a Product Partner accepts the booking request made by you with the Site Owner, your information is sent to the Product Partner including your name, contact number etc.
If a Product listed on the Website is not as described, your sole remedy is to return it in unused condition pursuant to our Return Policy.
As your order is processed you will be informed orally or electronically or any other means if any of the Products ordered are not available. In such a case, if the order is cancelled, we shall refund your payment within fourteen (14) days of the date of cancellation.
It is pertinent to mention here that, the Site Owner itself does not own/regulate the Product Partners and neither does there exist any employer/employee relation between them. It is the Product Partner who shall render the required Product to you as per the relevant information submitted with the Site Owner while registering on the Site and representation so created based on such information shared by you. It is therefore also pertinent to note that the Product Partners on the Site try their best to deliver products exactly the way they appear on the Site. Therefore, colour, shade, texture, appearance etc. of all products listed on the Site may slightly vary from the final Product. The Site Owner hereby disclaims any guarantees of exactness of the finish or appearance of the final product ordered by the User over and above generally acceptable standards on the same. The quality of any products, services, information, or other items purchased by you through the Site may not meet your expectations.
The provision of the services to be rendered by the Product Partner to you is therefore subject to the agreement (to be) entered into between you and the Product Partner and the Site Owner shall never be a party to such agreement, in any manner whatsoever. Acceptance of booking request by the Site Owner and the Product Partner does not reach your service location or decide not to render services, in that event the Site Owner shall not be held liable to you in any manner whatsoever and neither the User is under obligation to make any payment in lieu thereof.
You will compensate and defend the Site Owner fully against any claims or legal proceedings brought against us by any other person as a result of your breach of the User Terms.
Please note that we are not responsible for the behavior, actions or inactions, accuracy, efficiency of a Product Partner, quality of Service which you may use (through us or otherwise). Any Contract for the provision of services is exclusively between you and the Product Partner and not us in any manner whatsoever and we simply provide a platform to introduce Product Partner and Customer seeking the said service.
By placing an order you are confirming that you are (a) at least the age of majority, and (b) that you are legally capable of entering into binding contracts.
By placing an order you are also confirming that you have a valid current prescription for the eyeglasses which has not exceeded the expiry date and which has been issued by a registered eye care practitioner for the Products which you are ordering.
Upon reception of your order, we will verify your prescription and if the verified details do not match those provided by you, we will contact you in order to either (i) obtain additional information and complete your order or (ii) cancel your order. If the order is cancelled, we shall reimburse your payment within fourteen (14) days of the date of cancellation.
For security reasons and to prevent fraud, orders for Product placed through this website may be declined by us if the name and address to which the credit card is to be billed corresponds to the name and address that is registered with your credit card provider. If the information does not correspond, your order may be declined by us even though the transaction may have been pre-authorized by your credit card provider or bank. If this happens, the amount of the order may not be available to you for other use until it is credited back to your account, which may take between three (3) to five (5) business days depending on your credit card provider or bank.
The status of your order may be viewed on the Website using the 'Your Account' section and by using your order number.
Only individuals over 18 years of age who can enter into the agreement are entitled to use Services of the Site. If you are under 18 years of age and would like to purchase eyewear from us, you could do so only under adult supervision. In such a case, the adult would be the user and would be legally bound by the agreement.
PRICING and PAYMENT
Payment is accepted by the following modes:
- Online payment via Credit Card/Debit Card/Cash Cards/Internet Banking/Phone Pay
- Cash on Delivery for limited products and locations
Payment option available to you shall be displayed at the time of placing the order.
SHIPPING, CANCELLATION, RETURN & REFUND
Please Refer to our Shipping & Cancellations Policy, Return & Refund Policy
We will endeavor to deliver the Products to you within the timeframes set out for the applicable shipping method that you select. The Products will be delivered, based on your selection, either to the address specified by you on your order, or at our store stated on the receipt of order.
Any delay in the delivery of Products will not entitle you to terminate the order unless the delay exceeds thirty (30) days from the date of expected delivery of the Product.
Please note that your order may be shipped to you in several parts.
PRIVACY AND COOKIE NOTICE
The Site Owner collects and processes the personal data of the visitors/ registered customers of the Site and the promotional offers may be sent by the Site Owner on time to time basis unless the same is denied by them by informing to the Site Owner.
MODIFICATION OF THE SERVICE AND USER TERMS
The Site Owner reserves the right, at its sole discretion, to modify or replace any of these User Terms at any time by posting a notice on the Site or by sending you notice through the Service, or via email. The Site Owner may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
When you send e-mails to us, you are communicating with us electronically and you hereby consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
LINKS TO THIRD PARTY SITES
Occasionally, we may make available a link to a third party’s web site. These links will let you leave the Website. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.
You acknowledge that the Website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trade-mark legends, or other proprietary rights notices.
In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.
By accepting these User Terms, you agree that you shall defend, indemnify and hold the Company, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Product Partners arranged via the Application, or (c) your use or misuse of the Site.
Any claim relating to the Products and services provided through the Website (a "Claim") shall be governed by the Indian law without reference to any choice of law provisions. In the event of any dispute or difference between the Parties in respect of this Agreement, the construction of any provision of this Agreement or the rights, duties or liabilities of the Parties hereto under this Agreement, the same shall be referred to arbitration by a sole arbitrator to be appointed by the Company and the arbitration shall be conducted in accordance with the provisions of Arbitration and Conciliation Act, 1996. The venue of arbitration shall be at Bangalore. The arbitration proceedings shall be conducted in English. Any award made in such arbitration will be final and binding on the parties. The arbitrator shall have the authority to order specific performance of this agreement. Subject to the foregoing, the Courts at Bangalore only shall have exclusive jurisdiction.
The Courts of Bangalore shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the services offered by the Company or the agreement or arrangement between the Product Partner and the Customer. All claims and disputes arising under this User Terms should be notified to CP Services within 30 days from the product delivery date after which no claim shall be entertained.
INTELLECTUAL PROPERTY RIGHTS (Trademarks, Copyrights and Designs)
The Site Owner is the sole owner of all the rights to the web site or any other digital media and its contents mentioned on the Site. The content means its design, layout, text, images, graphics, sounds, video, etc. the website or any other digital media content embody trade secrets and intellectual property rights protected under applicable laws. All titles, ownership and intellectual property rights in the Site and its content shall remain with the Site Owner, its affiliates, agents, authorized representatives as the case may be.
All rights not otherwise claimed under this Terms and Conditions or by CP Services are hereby reserved. The information contained in this Site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
All related icons and logos are trademarks or service marks or word marks of the Site Owner in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
DISCLAIMER OF WARRANTY
THE CONTENT OF THIS WEBSITE IS PROVIDED BY US AS A SERVICE TO OUR CUSTOMERS.
YOU ACKNOWLEDGE THAT YOU ARE USING THIS WEBSITE, INCLUDING ITS CONTENT, AT YOUR OWN RISK. WE DO NOT GUARANTEE ERROR-FREE OR UNINTERRUPTED OPERATIONS OF THE WEBSITE.
THE CONTENT IN THIS WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM AND EXCLUDE ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ALL CONTENT IN THIS WEBSITE, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR CONDITIONS IN RESPECT OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPLETENESS, ACCURACY, CURRENCY, RELIABILITY OF INFORMATION PROVIDED BY US, SECURITY OF THE WEBSITE, OR THAT THE CONTENT IN THIS WEBSITE SATISFY YOUR REQUIREMENTS OR BEING WITHOUT DEFECT OR ERROR.
THIS WEBSITE MAY INCLUDE CONTENT PROVIDED BY THIRD PARTIES AND USERS. FOR SUCH CONTENT, WE ARE NOT A PUBLISHER. WE HAVE NO MORE EDITORIAL CONTROL OVER SUCH CONTENT THAN DOES A PUBLIC LIBRARY OR NEWSSTAND. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING MERCHANTS AND LICENSORS) ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH CONTENT.
CONTENT PUBLISHED ON THIS WEBSITE MAY REFER TO PRODUCTS THAT ARE NOT AVAILABLE IN YOUR JURISDICTION.
TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION ON LIABILITY
YOU ACKNOWLEDGE AND AGREE BY YOUR USE OF THIS WEBSITE TO ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH YOUR USE OF THIS WEBSITE, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEBSITE.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE WEBSITE, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (iv) ANY OTHER MATTER RELATING TO THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AVAILABLE THROUGH THE WEBSITE. THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU AGREE TO INDEMNIFY AND HOLD US, AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, LICENSORS OR OTHER PARTNERS, AND EMPLOYEES AND OTHER REPRESENTATIVES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST TO OR TRANSMIT THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE, YOUR CONNECTION TO THE WEBSITE, YOUR VIOLATION OF THESE TERMS AND CONDITIONS, AND YOUR VIOLATION OF ANY RIGHTS OF THIRD PARTIES.
These Terms and Conditions constitute the entire agreement between us (you and us) and govern the use of the Website. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor 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.
No waiver of any provision of these Terms and Conditions shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or any use of the Website.
You may not assign any right, interest, or benefit provided under these Terms and Conditions or through the Website without our express prior written consent.