TERMS AND CONDITIONS OF USE

Thank you for visiting Clearly.co.nz, an Essilor Group Canada Inc. website (the "Site"). Clearly is a leading online retail store and information site for contact lenses and related products. The Site is designed to provide a convenient, private and informative shopping experience for consumers to purchase contact lenses and related products 24 hours a day, 7 days a week. The Clearly online store offers a large selection of contact lenses and related products, along with a wealth of information designed to help consumers make educated purchasing decisions. Clearly its subsidiaries and affiliates ("Clearly, we, us, our") want each visitor to the Site ("you") to have a safe, pleasurable visit, so we have established the following terms and conditions so that we (we and you) know what to expect from each other. By using the Site you agree to be bound by the terms set forth herein. 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 these terms 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.

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 Clearly 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 eyecare provider. You further certify that you will renew your prescription in strict accordance with your eyecare provider's suggested regime. You understand that Coastal Contacts will not fulfill your order unless you have a valid prescription. You hereby consent to our contacting your eyecare provider, if necessary, to verify your prescription information and any other necessary information.

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.

TRADEMARKS

Clearly.co.nz, Clearly and other graphics, logos, and service names used on the Site by Clearly are the trademarks of Clearly. Clearly trademarks may not be used in connection with any third-party products or services or in any manner that disparages or discredits Coastal Contacts. All other brands and names (including third-party product names) are the property of their respective owners.

DISCLAIMER OF WARRANTY

THE CONTENT (AS DEFINED BELOW) CONTAINED IN THIS SITE IS PROVIDED BY CLEARLY 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, CLEARLY 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.

CLEARLY AND 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, CLEARLY IS A DISTRIBUTOR AND NOT A PUBLISHER. CLEARLY 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 CLEARLY 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 CLEARLY. CLEARLY 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.

YOUR ACCOUNT OBLIGATIONS

In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the "Account Information") and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy at www.clearly.co.nz.

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.

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.

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.

PRICE MATCH GUARANTEE

Our price match guarantee can be found by clicking here.

EYEGLASSES POLICY

Shipping and Payment

When you place your order, you can choose your shipping method. Priority shipping can take up to approximately 15 business days. If you need your glasses faster, choose a courier option to receive your shipment in approximately 5 business days. If using a coupon code, please note that only one coupon code can be used per order.

If you order frames with single vision lenses, we will manufacture your order within 2-3 business days and then ship it to you according to your chosen delivery method. If you order frames with an upgraded lens option, such as tinting, progressive lenses or higher index lenses, we will manufacture your order within 5-7 business days and then ship it to you according to your chosen delivery method. Your overall expected delivery date will depend on the delivery method chosen.

Please keep in mind that quality assurance technicians inspect and verify each and every eyeglass order. If your eyeglasses happen to fail quality assurance, your expected delivery time will be delayed.

NOTE: The title and risk and rewards of ownership of the product transfers from Clearly.co.nz (Essilor Group Canada Inc.) to the customer at the point of shipment.

We accept the following forms of payment: Visa, MasterCard, Discover, Amex or PayPal. Payments can be made online or by phone.

No Risk Return Policy

Our 100% Satisfaction Guarantee means that you can trust Clearly to deliver high quality, brand name eyeglasses to you at affordable prices. Our no-risk return policy means that you can order glasses, try them on, and, if you're not satisfied, return them, together with the complimentary accessories shipped to you, within 365 days after the date of purchase for an exchange or full refund. If you'd like to return your eyeglasses, simply call our professional Vision Ambassadors toll-free at 0-800-446-107 for a return authorization number.

We are currently unable to accept returns of eyeglasses if the eyeglasses or their complimentary accessories are not in their original merchantable condition, or if the eyeglasses or their complimentary accessories are returned more than 365 days after the date of purchase. Clearly offers a 1 year warranty on manufacturer defects on frames and lenses. For all warranty issues please contact our Vision Ambassadors toll-free at 0-800-446-107 for further instructions. In the case of defective lenses, please contact us immediately. If lenses are deemed by the manufacturer to be defective, we will issue you a refund.

Prescription

When you are fitted for eyeglasses by your Eye Care Practitioner, they should provide you with a paper copy of your prescription. Keep in mind that spectacle and contact lens prescriptions can be different, so you should ensure that you are ordering the parameters for your spectacles and not for your contact lenses.

EXPORT

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations - including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.

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.

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.

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.

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.

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.

PRIVACY POLICY

Read our full privacy policy

POLICIES

Security Policy

We take the security of your information very seriously. Our e commerce system uses the latest SSL (Secure Sockets Layer) technology - the industry standard for encryption technology. It is used to create a secure transaction environment for commerce on the Internet. If your browser and local network support the use of encrypted data transmissions, our Secure Checkout mode locks all information (i.e.: your credit card number) passed from you to Clearly in an encrypted envelope, making it extremely difficult to be intercepted by an unauthorized party. SSL technology is compatible with Netscape, Internet Explorer, AOL, Web TV and most other browsers. It is the same level of encryption technology that NASA and the CIA use. This ensures that your credit card information remains totally secure. It's about as secure as using your local bank machine.

Opt-Out

We provide you the opportunity to "opt-out" of having your personally identifiable information used for certain purposes, when we ask for this information. For example, if you purchase a product/service but do not wish to receive any special offer emails from us, you may opt-out at any time by following the unsubscribe link located at the bottom of each email communication.

If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter.

We follow generally accepted industry standards to protect the personally identifiable information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
If you have any questions about security on our Web site, you can email us at privacy@coastalcontacts.com.

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 endeavor 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.

The section titles in the Terms and Conditions of Use are for convenience only and have no legal or contractual effect.

TRUSTe Licensee

Essilor Group Canada Inc. is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, organization whose mission is to build user's trust and confidence in the Internet by promoting the use of fair information practices. This privacy statement covers the Web site www.coastal.com, www.clearly.ca, www.clearly.com.au, www.clearly.com.nz, and www.lensway.com. Because this Web site wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.

If you have questions or concerns regarding this statement, you should first contact Peter Lee at privacy@coastal.com. If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you should contact TRUSTe at http://watchdog.truste.com/pvr.php?page=complaint&url

TRUSTe will then serve as a liaison with us to resolve your concerns.

Effective Date: 06/24/2010

COPYRIGHT NOTICE. Copyright © Essilor Group Canada Inc., All rights reserved. Any rights not expressly granted herein are hereby reserved.