Terms and Conditions
Thank you for visiting MyPEAR.ca website (the “Site”). MyPEAR is a leading online retail store and information site for contact lenses, eyecare products and accessories. The Site is designed by us, MyPEAR, (“we” and “us”) a company with limited liability situated in and vested under the laws of the British Columbia, to provide a convenient, private and informative shopping experience for consumers to purchase contact lenses and eyecare-related products 24 hours a day, 7 days a week. We offer a large selection of contact lenses and eyecare products, along with a wealth of information designed to help consumers make educated purchasing decisions. We want each visitor to the Site (“you”) (i.e. any natural person acting on the Site with purposes having no relationship to his/her commercial or professional activity) to have a safe, pleasurable visit, so we have established the following general terms and conditions so that we (we and you) know what to expect from each other.These general terms and conditions (which include the returns policy, intellectual property policy and privacy policy) are applicable to any use of the Site and to any agreements concluded between you and us through the Site. If you do not agree to these Terms and Conditions, you cannot use this Site and/or buy any products or services through this Site. We may make changes to the Site, these Terms and Conditions of Use, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and the General Terms and Conditions periodically for any updates or changes. Your continued access or use of the Site shall be deemed to be your acceptance of these changes and of the reasonableness of these standards for notice of changes
Your Conduct
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site unless you first obtain our express written consent to do so. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
Valid prescription required
You hereby certify that you have a valid prescription for the contact lenses that you are ordering. You represent and warrant to MyPEAR by placing an order that your information you enter into the Site is valid and true and matches exactly your prescription as provided by your eye care provider. You further certify that you will renew your prescription in strict accordance with your eye care providers suggested regime. You understand that we will not fulfill your order unless you have a valid prescription. You hereby consent to our contacting your eye care provider, or providing a copy of your original prescription to us, if necessary, to verify your prescription information and any other necessary information.
Color and product description
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.
Delivery
Deliveries will be as soon as possible to the address on your order and are “best effort” based. Subject to delays outside our control, the overall delivery period will not exceed 30 days.From time to time, we will send samples of product, including, but not limited to, contact lens solutions.
Returns & Exchanges
We offer a 30 day return policy on contact lenses from your delivery date. We provide free returns on all of our products during this time period. We do not provide returns on eye care products such as eye drops, wipes, sprays, masks, supplements and more. To make a return, simply email us within the stated days for a complimentary electronic shipping label that you can print off. Once you have the label, we ask that you ship your contact lenses back to us as soon as possible to initiate your refund.Contact lenses must be returned in unopened, unmarked boxes and must be within 6 months of their expiry date. Returns or exchanges may be denied, in very rare circumstances, based on the nature of prior transactions.
Warranty
If you experience a manufacturing defect within 365 days of delivery, simply contact our Customer Service Representatives for a free return label to facilitate a replacement or exchange.
Contact lenses
Your wait time depends on your lens type. Some products are in stock, and others are custom orders through the manufacturer. Once your contact lenses are in stock, they should be shipped within 1–2 business days and will arrive within the time estimate provided by your chosen shipping method.
When your order ships, you will be sent an email confirmation that includes a tracking number and instructions for how to track your order online. You will be kept up-to-date of any delays via email.
For FAQ’s on shipments please visit our FAQ’s. If using a coupon code, please note that only one coupon code can be used per order. We accept the following forms of payment: Visa, Mastercard, or PayPal. Payments can be made online. NOTE: The title and risk and rewards of ownership of the product transfers from MyPEAR to the customer at the point of shipment.
Our Rights
We may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site.
We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.
Termination
These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms and Conditions of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
Applicable Law
We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to it from territories where its content is illegal or prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to the Site, the services provided through the Site or the Content (a “Claim”) shall be governed by the internal laws of the Province of British Columbia and the federal laws of Canada applicable therein, without reference to any choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the Province of British Columbia, Canada and irrevocably agree that all Claims may be heard in such court. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
Site Content
You acknowledge that the Site 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. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. 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, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.
Electronic Communications
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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. If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe. Please see the Choice and Opt-out section.
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 Site. 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.
Intellectual property policy
Because copying can harm rightful owners of IP rights we drafted the following IP Policy:You may not infringe any of the intellectual property rights associated with the manufacture, design, branding and packaging of any products advertised on the Site nor introduce any modifications to the products supplied by us unless the nature of the delivered product dictates otherwise. Use of the Site does not constitute a license to use in any way, any of the trademarks owned by us or our licensors, including but not limited to the words MyPEAR. All content, designs, text, graphics, software compilations, underlying source codes, and other graphic arrangements together with the compilation (meaning the collection, arrangement and assembly) of all content on the Site are the copyright of us or our licensors, where applicable. Permission is granted to users to download and print one copy of the Site for their own personal, non-commercial, use. Any other use of the Site including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the Site without prior written consent from us is strictly prohibited. Last but not least: you may not create and/or publish your own database that features substantial parts of the Site without our prior written prior approval.
Disclaimer of warranty
THE CONTENT (AS DEFINED BELOW) CONTAINED IN THIS SITE IS PROVIDED BY MyPEAR.CA AS A SERVICE TO ITS CUSTOMERS. THIS SITE DOES NOT CONTAIN INFORMATION ABOUT ALL EYE DISEASES, NOR DOES THIS SITE CONTAIN ALL MEDICAL INFORMATION THAT MAY BE RELEVANT TO YOUR EYECARE NEEDS. THE INFORMATION PROVIDED IN THIS SITE IS ONLY GENERAL HEALTH INFORMATION, AND IS INTENDED ONLY TO FACILITATE COMMUNICATION BETWEEN YOU AND YOUR PROFESSIONAL EYECARE PROVIDER. THIS SITE DOES NOT PROVIDE MEDICAL DIAGNOSIS FOR ANY INDIVIDUAL AND MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. ALL SPECIFIC MEDICAL QUESTIONS YOU MAY HAVE ABOUT YOUR SPECIFIC MEDICAL CONDITION, TREATMENT, CARE, OR DIAGNOSIS MUST BE PRESENTED TO YOUR PROFESSIONAL EYECARE PROVIDER. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL ADVICE BECAUSE OF ANY INFORMATION CONTAINED IN OR RELATED TO THIS SITE. EXCEPT AS EXPRESSLY AND UNAMBIGUOUSLY STATED OTHERWISE DOES NOT ENDORSE, OPERATE, CONTROL, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, BRAND, METHOD, TREATMENT, INFORMATION OR SERVICE ON THIS SITE. THE INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. OUR MEDICAL ADVISORS, CONSULTANTS, AND STAFF EXPRESSLY DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THIS SITE INCLUDES CONTENT PROVIDED BY THIRD PARTIES AND USERS. FOR SUCH CONTENT, MYPEAR.CA IS A DISTRIBUTOR AND NOT A PUBLISHED. MyPEAR HAS 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 AND NOT OF MYPEAR.CA OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS. THERE ARE NO WARRANTIES MADE AS TO THE COMPLETENESS, ACCURACY, CURRENCY, OR RELIABILITY OF INFORMATION PUBLISHED BY MYPEAR.CA. MYPEAR.CA DOES NOT WARRANT THAT INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE WILL SATISFY YOUR REQUIREMENTS OR IS WITHOUT DEFECT OR ERROR.
Limitation on Liability
YOU ACKNOWLEDGE AND AGREE BY YOUR USE OF THIS SITE TO ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH YOUR USE OF THIS SITE, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEB SITE.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE 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 SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES AND PROVINCES LIABILITY 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 OR OTHER PARTNERS, AND EMPLOYEES, 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 SITE, YOUR USE OF THE SITE, YOUR CONNECTION TO THE SITE, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
General Information
These Terms and Conditions of Use constitute the entire agreement between us (you and us) and govern the use of the Site. 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 of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms and Conditions of Use must be filed within one year after such claim or cause of action arose or be forever barred.
Submissions
We are pleased to hear from our customers and welcome your comments regarding our products, including the Site. We request that you be specific in your comments on our services and products. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, “Submissions”), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish on the Site or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein.