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Terms and Conditions of Use

Thank you for visiting the Swift Eyewear Inc. Website (the "Website"). The Website is designed by Swift Eyewear Inc. (“Swift”), a company situated in British Columbia, to provide a convenient, private and informative shopping experience for consumers to purchase contact lenses, eyeglasses, sunglasses and related products at the customer’s convenience.

These terms and conditions of use and the Privacy Statement (together “Terms of Use”) apply to all users of the Swift Website. If you do not agree to be bound by these Terms of Use then you should stop using and accessing the Website/Product.

Privacy Policy

Certain information about your use of the Website and personal information that you supply to Swift are subject to our Privacy Policy. For more information, please review our full Privacy Policy.

Reliance Upon Information and Password

To be a registered user of the Website (“Registered User”) you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form (“Registration Data”). You agree to maintain and update this Registration Data as required to keep it current, complete and accurate. When you register you will be provided with a user ID and password. You must ensure that your password is kept secure and confidential and that it is not revealed to any person. You are entirely responsible for any and all activities that occur under or through the use of your password. You agree that Swift can reasonably rely upon any use of your password, including for our disclosure of information relating to your Registration Data. You should notify Swift immediately if you become aware of any unauthorized use of your password or if you believe your password is no longer secret and we will cease relying on that password. You release Swift, its officials, officers, employees and agents from any claim and won't make any claim against Swift in respect of or arising from any reliance by Swift upon any use of your password, including Swift disclosing personal information relating to your Registration Data. You agree to indemnify and hold Swift, its officers and employees harmless from any claims, actions, costs (including legal costs), or losses by Swift or any third party due to or arising out of reliance by Swift or any third party upon any acts carried out, requests made or information provided through the use of your password.

Registered User Conduct

You agree that:

a. you will not use your access to the Website, or use any Swift product or services directly or indirectly, for any purpose that is unlawful or prohibited by the Terms of Use;

b. you will use your access to the Website solely for your own purpose and will not use the Website for any other purpose including acting on behalf of any other person;

c. you will not use the Website to directly or indirectly:

i. defame, abuse, harass, stalk or threaten others;
ii. post or transmit any unlawful, harmful, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethically, 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;
iii. reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Website or access to the to the Website unless you first obtain our express consent to do so;
iv. create a false identity;
v. transmit or upload any material that contains harmful or deleterious computer programs (including, without limitation, viruses, trojan horses, worms, time bombs or cancelbots);
vi. transmit or upload any computer programs or other material in breach of any intellectual property laws, rights of privacy or any other applicable laws;
vii. interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks;
viii. attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through password mining or any other means; and
ix. interfere with another member's use and enjoyment of the Website. 

d. you will comply with all relevant laws and regulations and are solely responsible for all acts or omissions that occur under your or through the use of your password.

Provision of Services

We may modify, suspend or discontinue any or all of the contents of the Website or the services we provide from time to time in our absolute discretion.

Valid Prescription

By placing an order you hereby confirm that you have a valid current prescription issued by a licensed optician, licensed optometrist, licensed ophthalmologist or medical practitioner as deemed acceptable by the governing authority in your area of residence for the product which you are ordering. In addition, by placing an order you hereby confirm that the data you provide to Swift concerning the condition of your eyes corresponds to the data found on your current prescription. You hereby consent that Swift may require the original prescription from your eye care provider. You hereby consent that Swift may contact your eye care provider to verify your prescription and contact lens/eyeglass specification if required.

Accuracy of Information

Swift attempts to be as accurate as possible when describing products on the Website however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Website are accurate, complete, reliable, current, or error-free. If you are not satisfied with the product you received as a result of the accuracy of information on the Website, the sole remedy is to return it in unused condition.

Shipping

Swift’s shipping rates and shipping delays are as follows:

Shipping Method Delay Charges*
Standard Shipping 8 to 14 days For all orders, a flat rate of $18 (USA) and $22.90 (CAD)
Premium Shipping 5 to 7 days Charges based on courier overnight rates and location of delivery

*Please note the charges are subject to additional delivery surcharges not exceeding $20.00 applicable to certain remote delivery areas in Canada based on a single order of prescription or non-prescription glasses, sunglasses or contact lenses. Orders combining multiple items may incur greater charges. The Company reserves the right to amend this policy at any time.

It is important to note that the title and risk and rewards of ownership of the product transfers from Swift to the customer at the point of shipment. Deliveries will be made as soon as possible to the address of your order. Swift is not responsible for shipping delays of any kind whatsoever outside the control of Swift. Swift reserves the right to assess an additional delivery surcharge not exceeding $20.00 applicable to certain areas of delivery.

We accept the following forms of payment: Visa, Mastercard, Amex or Paypal. Payments can be made online or by phone at 1-888-388-3334.

Sales Tax

All applicable federal, state and provincial sales taxes required by law will be charged on all charges and any surcharges.

Termination

We may terminate your access to the Website at any time, or discontinue the registration of your credentials with Swift at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. If you wish to terminate your status as a Registered User of the Website your only recourse is to discontinue your use of the Website and notify us that you have terminated your membership. Upon termination, your right to use the Website immediately ceases.

Communications from Swift

You agree that Swift may send email, newsletters and other forms of communications (whether or not in electronic form) to you from time to time.

Disclaimer of Warranties and Limitation of Liability

You understand and agree that you use Swift services at your own risk. The content contained on this Website is provided by Swift as a service to its customers. You should never disregard medical advice or delay seeking professional advice because of any information contained in or related to this site.

Swift, our 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.

Swift is not responsible for the accuracy of that information. Swift does not warrant that your use of the service will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the services will be corrected. Swift disclaims liability for, and no warranty is made with respect to, the connectivity and availability of the services.

You hereby acknowledge and agree that under no circumstances will Swift, its officers, directors, employees, agents and third party content providers, suppliers and licensors be liable to you or any third party for any loss whatsoever caused by your use or reliance on information obtained through the content distributed by Swift as well as any direct, indirect, incidental, special, punitive or consequential damages or injury arising out of the use or inability to use the Swift service or System or out of the breach of any warranty, or caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to and/or alteration of the Website, no matter whether such claims are based in contract, tort, negligence, strict liability or any other cause of action, and regardless of whether Swift has been advised of the possibility of such damages.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SWIFT (INCLUDING ITS SUPPLIERS AND LICENSORS) BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM USE OF THE SERVICE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO COMMIT FRAUD OR HARM OTHERS IN ANY WAY.

Indemnification

You agree to indemnify and hold harmless Swift Eyewear Inc., its directors, officers, employees and its licensors, suppliers and agents from any claims, actions, costs (including legal costs), or losses by any third party due to or arising out of (a) your use of or inability to use the Swift Website, System or service, (b) any mistaken or fraudulent information provided by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. You further agree to indemnify and hold harmless Swift, its officers, directors, employees, licensors, suppliers and agents, from any and all liability for personal injury, death, property damages and any other loss, and resulting claims (including legal costs) or actions, arising from your participation in or involvement on the Swift Website.

Intellectual Property and Limited Reproduction Notices

You may not infringe any of the intellectual property rights associated with the manufacture, design, branding and packaging of any products advertised on the Website nor introduce any modifications to the products supplied by us unless the nature of the delivered product dictates otherwise. Use of the Website does not constitute a license to use in any way, any of the trademarks owned by us or our licensors or third-party products. All other brands and names (including third-party product names) are the property of their respective owners.

The contents of the Website are the copyright of Swift and its licensees. No part of the Website may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form). No part of the Website may be resold, published, copied, reproduced, transmitted or stored (including in any other Website or other electronic form) except that you may print, or download to your hard drive, extracts from the Website only for your own use.

Amendment

Swift reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Such modifications shall be effective immediately upon posting. We will notify you of any changes by updating the "Last Updated" notice next to the link to these terms and conditions on the Website. By using this Website after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised terms. These terms and conditions were last updated on [April 10, 2013].

Linking

The contents of the Website may include links to third party materials ('linked sites'). Swift is not and will not be responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. These links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with their operators. We reserve the right to prohibit links to the Website and you agree to remove or cease any link upon our request. You may not frame any part of the Website material by including advertising or other revenue generating material.

Advertisers

Any dealings with any advertiser appearing on the Website are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any such dealings or promotions.

Law

These Terms of Use are governed by and will be construed in accordance with the laws of the Province of British-Columbia and the federal laws of Canada.

Severability

If any portion of these Terms of Use is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.

Submissions, General Information and Contact Information

We are pleased to hear from our customers and welcome your comments regarding our products, including the Website. If you send us comments, suggestions, ideas, materials, notes, drawings or other information (collectively, the “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.

If you have any Submissions, questions or concerns in relation to the Website, Swift products, or these Terms of Use, wish to report unauthorized use of your password or wish to terminate your registration please contact us at customerservice@swifteyewear.com.

Read our full privacy policy

COPYRIGHT NOTICE. Copyright © 2013 Swift Eyewear Inc., All rights reserved. Any rights not expressly granted herein are hereby reserved.