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Bargain Opticals.com
CUSTOMER AGREEMENT
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time.
By signing this agreement or by clicking "Agree", I agree to hold harmless, and release and discharge Discount Drug World Inc., Bargain Opticals.com ("DDW" collectively) and its officers and directors, employees, contractors, agents and affiliates (including optometrists, pharmacists, pharmacy technicians, physicians and nurses) (collectively the "Related DDW Parties") from any and all present and future liabilities, claims, causes of actions, expenses, losses and damages of any kind whatsoever arising at any time, directly or indirectly out of any matter whatsoever related to the prescribing, dispensing, and delivery of my product order including but not limited to,: (I) the use or application of any products/medications obtained from DDW including, without limitation, any and all side effects, (ii) late delivery, non-delivery or missed delivery of any products; or (iii) my breach of any terms, conditions, or representations in the agreement. I agree that all of the terms and conditions of this agreement are binding upon me, my heirs and successors. If I am a representative submitting this order on behalf of another, I attest that I am a duly qualified representative with vested consent and I am authorized to complete this transaction for that person who agrees with all of the terms and conditions of this agreement as binding on the representative, represented person, their heirs, assigns, and successors and all personal pronouns used herein shall apply both to me and to such person, both individually and jointly. IF I DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, I SHALL CLICK "CANCEL."
I hereby appoint DDW, its employees, contractors, qualified affiliates, optical dispensaries and pharmacies (including physicians, nurses, pharmacists and opticians) as my agent and attorney for the limited purpose of taking all steps to fulfill my product order(s) including, but not limited to, to obtaining and signing all documents necessary to obtain my optical product, to the same extent that I could personally take such steps. Without limiting the generality of the foregoing, the steps taken by DDW may include reviewing my health history/profile, and purchasing and arranging delivery or shipping of the products. I hereby give permission to DDW to perform a limited medical consultation for the limited purpose of determining the appropriate prescription for optical care (eyeglasses or contacts). I understand that this may include reviewing my patient history/profile and contacting me and/or my prescribing optician/ physician/health care provider if necessary and may involve the disclosure of such other personal information as DDW determines appropriate. I hereby give consent to my prescribing optician/physician/health care provider to release my medical records as needed.
I hereby consent to DDW, its employees, contractors, qualified affiliates, optical dispensaries and pharmacies, to collect my personal and medical information, and maintain the information necessary to process present/future orders. Without limiting the foregoing, this information may include my name, address, phone number, payment method and other relevant information. I agree that my personal information will be accessed only by DDW's employees, contractors, qualified affiliates, optical dispensaries and pharmacies for the purposes of processing my order and that DDW will use all reasonable efforts to maintain all such personal/medical information in strict confidence.
I acknowledge that I initiated this agreement with DDW and I agree that this agreement and all it terms shall remain effective for as long as I remain a purchaser of eyeglasses/contact lenses/products from DDW whether directly or through intermediaries. I agree that this Agreement and all of its terms shall govern and apply to this order and to any future order that I place with DDW.
I acknowledge that DDW, its employees, contractors and affiliates will rely on the information that I have disclosed (including any Patient Profile and medical/prescription information) and I represent and confirm that I have fully and accurately disclosed all pertinent information requested to the best of my knowledge and I will notify DDW of any changes to my health status by providing an updated Patient Profile. I attest that all of the following statements are truthful and reliable: (1) I have had the opportunity to seek medical and legal advice prior to entering this agreement; (2) I have reached the age of majority in my place of residence and I am competent to make my own medical decisions; (3) the prescription I am submitting is the unaltered original or original copy as prescribed by a qualified optician/physician/ health care provider licensed to practice where I obtained the prescription; (4) I am not violating any laws by submitting this order; (5) I understand any and all risks/complications of the product(s) I ordered (s) and all questions that I have about my products(s) have been answered to my satisfaction by my optician/physician/ health care provider who prescribed the prescription (6) no qualified optician, physician, pharmacist or other health care provider has advised me against the use of any products I am ordering from DDW; (7) to the best of my knowledge I do not suffer from any disease, allergy, disorder, phobia or other medical or other condition which makes the use of any product I may order from DDW unsafe; (8) all products obtained hereunder will be used strictly for the intended person and according to the directions of the original prescribing optician/ medical provider; (9) I am not seeking or relying on any medical treatment, professional advise or professional opinion in any way from DDW, its employees, contractors or its affiliated physicians/medical groups (10) I am currently under the care of a U.S. licensed optometrist/physician/ health care provider.
I further acknowledge and agree to the following: (1) the responsibility for determining whether any particular prescription is appropriate for my use and condition or which might cause any health hazard or aggravate any health condition to which I am subject or susceptible, is entirely my own and I agree that any and all duty of care to me is vested in my original prescribing qualified optician/physician/health care provider and not DDW (2) I will immediately contact and direct all questions to my regular healthcare provider/optometrist for the purposes of monitoring, and evaluating any untoward effects of any product purchased, (3) DDW has made no representations, guarantees, or warranties, impliedly or expressly to me, of any kind, (nor have a relied or acted upon any) including but not limited to product usefulness, side effects, quality, or fitness for a particular purpose and I understand that the services provided by DDW should not be considered a substitute for a healthcare provider, (4) I understand that DDW will only provide products which may be provided according to the laws of the jurisdiction from which they are dispensed in force at the time the order is placed, (5) DDW and its optical dispensaries/pharmacists are located and licensed outside of the United States and all services are being received outside of the United States and I further acknowledge that its affiliated optometrist, physicians and physician groups are licensed to practice outside of the United States, (6) in taking, storing, handling, disposing of or otherwise dealing with the products ordered by my from DDW I will do so only as directed by my optometrist/physician/health care provider and/or as directed by the manufacturer with due regard and cognizant to all warnings and advisories given respecting the same including, without limitation, the manner, method, circumstances and type of usage, (7) all promises, warranties or liabilities other than those stated expressly herein including any implied by law or conduct, and any claims thereon based in tort, contract or otherwise, are hereby expressly disclaimed by DDW and DDW is hereby released from the same, (8) for greater certainty, any warranties given by manufacturers of products sold by DDW are those of the manufacturer alone and not of DDW and DDW shall not be joined to any action against such manufacturer, (9) without limitation to the foregoing, DDW's liability to me shall in any event be limited to the price of products sold to me and upon which any claim against DDW is based and DDW shall not in any event be liable to me for any consequential damages or third party liabilities, (10) without limitation to the preceding paragraphs (7) and (8) neither DDW nor any of its directors or employees is responsible to me for the errors or omissions (including prescription errors) of any manufacturer, distributor, dispensing agency, carrier or other third party whose services are utilized in the production or supply of product hereunder, even where such error or omission would otherwise constitute a breach of contract between DDW and me, (11) it is my responsibility to confirm as much as possible by visual inspection, that I have received the correct prescription in terms of type, brand and other attributes and in case of doubt, I shall contact a DDW optometrist pharmacist before making use of the prescription optical product, (12) all products supplied by DDW will be conclusively deemed in full compliance with all specifications and requirements and free of all defects unless, and only to the extent that, within 60 days of such supply, the Customer serves upon DDW a notice in writing, stating that there is non compliance and specifying the exact details thereof, and (13) in any and all events, no claim in tort (including negligence), breach of contract or any other cause whatsoever may be brought or counterclaimed against DDW or its officers and directors, employees, contractors, agents or affiliates more than 180 days after the delivery of products hereunder even if the grounds for such claim are not discovered or discoverable until after the expiration of such time.
I acknowledge and agree that the prices posted on the website are for my reference only and is subject to change at anytime without prior notice. I authorize DDW to charge the account I have selected (including credit card, personal checking, check card) for the products priced in U.S. dollars as posted on the DDW Website on the day DDW fills my order plus a shipping/handling fee for each package shipped and any applicable taxes. In the event my payment is not authorized, DDW has the right to cancel my order. DDW in its sole discretion, reserves the right to refuse to process any order, in which event a refund will be provided. I agree that all sales are final and that DDW will not accept any product returns or exchanges nor return any monies paid once an order is filled.
The use of the website is provided on an "as is" basis and at your own risk. DDW disclaims all liability for the use of the website and we provide no guarantees, warranties or representations of any kind. DDW is not responsible for any damages from any cause of action, of any kind, caused or in connection with the use or reliance of the information published on this site, including but not limited to any transmission of information through our website. Links to other sites are provided purely as a matter of reference and
DDW does not accept responsibility for the accuracy or appropriateness of such contents.
No material from Bargainopticals.com or any Web site owned, operated, licensed, or controlled by DDW may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of the DDW's trademarks, copyrights, patents, and other proprietary rights. DDW expressly disclaims any indication that it is an authorized dealer or agent of any of the designers whose goods are offered on this site. All other trademarks, service marks, product names, company names and logos appearing on BargainOpticlas.com are the property of their respective owners.
We cannot guarantee that the color of the products shown on this website will look like the actual product that you receive. Although we take special care to ensure accurate color representation, actual colors can vary from virtual colors due to the varied color settings used by your computer monitor. Parents should take special care when selecting eyewear for children, due to their active lifestyle. We recommend that all children wear polycarbonate lenses, which offer much better shatter-resiliency than regular plastic. Children should never wear glass lenses, and it is the policy of DDW to advise all customers to avoid glass lenses. As a result, we will not offer for sale sell glass lenses for ophthalmic frames. Some of the sunglasses we sell have glass lenses, and we strongly recommend that these glasses are worn only by adults in inactive environments.
In the event that I bring action against DDW or any of its officers and directors, employees, optometrist, pharmacies, contractors, agents or affiliates for any matter in respect of which they were released hereunder or otherwise for any matter or amount that I agreed they were not liable for hereunder, I will fully indemnify and save them harmless from any and all of their costs and expenses (including legal costs) suffered, incurred or expended by them in defending or otherwise considering, litigating or resolving the same. I further agree to fully indemnify and save harmless DDW and its officers and directors, employees, contractors, agents and affiliates, optometry dispensaries and pharmacies for any and all claims (including third party claims), losses, costs or expenses (including legal costs) suffered, incurred or expended by them as a result of or arising out of (a) any breach of this agreement by me, (b) any use, misuse, resale or other dealings by me of or with the products sold to me hereunder.
Any ambiguities or uncertainties in the interpretation of this agreement shall be resolved by DDW in its discretion. If and to the extent that any clause hereunder is for any reason, or in any jurisdiction, unenforceable in whole or in part then at DDW's option any such clause or portion thereof may be severed and the rest of this agreement shall remain in full force and effect and, if and to the extent that any such enforceability arises by reason of being contrary to law or public policy such clause or portion thereof shall, in such manner as DDW determines, be given such interpretation and enforced to such extent that it does not contravene such law or policy (and where new wording would be required to effect such result DDW is hereby appointed as my agent and attorney for the purposes of agreeing to the same on my behalf. This agreement, any future agreements and contracts, will be governed by and construed in accordance with the domestic laws of the Province of Alberta, Canada (the United Nations Convention on the International Sale of Goods not to apply). Any claims or disputes, including any legal actions that may arise hereunder or in relation to the products sold to me by DDW shall be heard by the Courts of Alberta who shall have sole jurisdiction over the parties and the matters in dispute.
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