TERMS AND CONDITIONS OF USE (“TERMS”)
1. USE OF THE SIGHTLY APP
The Sightly mobile application and mobile responsive website (collectively, “Sightly App”), administered by Downtown Eye Care & The Contact Lens Department (“Downtown Eye Care & The Contact Lens Department”), is for your personal use and information. Use of our Sightly App is subject to the following Terms and applicable laws. By downloading and using our Sightly App, you accept the Terms, without limitation or qualification. If you do not agree with any of the Terms, please do not use or download our Sightly App. You are responsible to ensure that your access to this Sightly App and material available therein are legal in each jurisdiction in which you download or use our Sightly App or such material.
2. EXCLUSION OF WARRANTIES
Downtown Eye Care & The Contact Lens Department makes no representation or warranty regarding the functionality, condition or suitability for use of the Sightly App. ALL MATERIAL OR INFORMATION ON THIS SIGHTLY APP IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND. Downtown Eye Care & The Contact Lens Department AND ITS AFFILIATED AND RELATED ENTITIES, AND ITS LICENSORS AND JOINT VENTURE PARTNERS (collectively “the Downtown Eye Care & The Contact Lens Department Parties”) DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. These exclusions are in addition to any specific exclusion otherwise provided in these Terms.
3. LIMITATION OF LIABILITY
THE Downtown Eye Care & The Contact Lens Department PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL OR EXTRACONTRACTUAL BASIS, OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY. Your sole and exclusive remedy is to discontinue using and accessing our Sightly App.
4. ACCURACY OF INFORMATION
Although Downtown Eye Care & The Contact Lens Department endevours to include accurate and up-to-date information on our Sightly App, it makes no warranties or representations as to the accuracy or currency of information presented on our Sightly App. Downtown Eye Care & The Contact Lens Department shall not be held responsible for any action taken that is based on the information presented on our Sightly App, and you agree that all use of our Sightly App, its content, or its services, is solely at your own risk.
Links and references to other websites are provided as a convenience only. Downtown Eye Care & The Contact Lens Department does not expressly or implicitly endorse other websites or any informational content or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, their content, or products or services offered thereon. Downtown Eye Care & The Contact Lens Department does not make any representations or warranties as to the security of any information, including personal information that you might be requested to give any third party.
6. VIRUSES, ETC.
Downtown Eye Care & The Contact Lens Department does not represent or warrant that the services, information or materials accessed on our Sightly App will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
7. DAMAGE TO OTHERS
You agree not to introduce into or through our Sightly App any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be false, fraudulent, libelous , slanderous, defamatory or obscene, promote hatred, or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
8. RESERVATION OF RIGHTS
All rights not expressly granted in these Terms are reserved to Downtown Eye Care & The Contact Lens Department. Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trade-mark or other intellectual right of Downtown Eye Care & The Contact Lens Department or any other person or entity.
9. CHANGES TO TERMS
Downtown Eye Care & The Contact Lens Department may revise these terms and conditions from time to time by updating the Terms without notice, and you agree to be bound by the then current Terms when you access our Sightly App.
Our Sightly App is administered by Downtown Eye Care & The Contact Lens Department from , Canada. Downtown Eye Care & The Contact Lens Department makes no representation that materials on our Sightly App are appropriate or available for use in other locations. The Terms are governed by law and the applicable laws of Canada therein without reference to principles of conflict of laws. You agree to be bound by such laws and to submit to the jurisdiction of the courts of , regarding the use of our Sightly App or the interpretation or application of the Terms.
11. SURVIVAL & SEVERABILITY
These Terms apply while you are accessing our Sightly App and remain in effect thereafter, subject to section 10. In the event our Sightly App is no longer accessible to you, the provisions set out in section 2, 3 and 11 of these Terms shall survive thereafter. If any provision of the Terms is prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining Terms.
Information you may provide
Information on your location When you enable a location-based service, information about your location may be collected for troubleshooting or to enhance your experience with our Sightly App.
HOW DOES Downtown Eye Care & The Contact Lens Department USE THE INFORMATION WE COLLECT?
Downtown Eye Care & The Contact Lens Department uses the information we collect to provide, maintain, protect and improve the quality of our services, to develop new offerings and services, and to protect Downtown Eye Care & The Contact Lens Department and its users.
Information we collect may be used to:
DOES Downtown Eye Care & The Contact Lens Department SHARE YOUR PERSONAL INFORMATION?
Downtown Eye Care & The Contact Lens Department may share information with governmental authorities, companies, organizations or individuals outside of Downtown Eye Care & The Contact Lens Department if we have a reason to believe that access, use, preservation, or disclosure of that information is reasonably necessary to:
INFORMATION FROM CHILDREN
Our Sightly App is not intended for any user that is a legal minor in his/her province of residence and we do not knowingly collect personal information from minors. We request that minors do not use our Sightly App or submit any personal information through our Sightly App.
If you do not want our Sightly App to collect the information outlined do not download our Sightly App or if downloaded already, delete it from your device. You may discontinue information collection by uninstalling our Sightly App. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
Downtown Eye Care & The Contact Lens Department has established appropriate physical, electronic and administrative safeguards to protect the information we collect from or about our Sightly App users. Aside from Required Disclosures, we restrict access to personal information to Downtown Eye Care & The Contact Lens Department employees, contractors and agents who need to know that information in order to process it for us, and who are subject to confidentiality obligations.
The safety and security of your information also depends on you. Where you have chosen a passcode for access to certain parts of our Sightly App, you are responsible for choosing an appropriate passcode and for keeping this passcode confidential. We ask you not to share your passcode with anyone.
Information, including personal and/or health information, may remain on your phone for as long as our Sightly App is installed on your device. In addition, if, instead of using our Sightly App to directly take a photo of your prescription, you choose to upload a prescription photo from your photo library, the prescription photo in your photo library will be saved there in accordance with your personal settings.
For ease of use, our Sightly App temporarily stores some user provided information, such as user name and passcode until our Sightly App is closed. Downtown Eye Care & The Contact Lens Department retains information collected through our Sightly App for as long as it is necessary to provide products and services to you, including those described above. We also will retain your information for as long as necessary to comply with applicable laws, regulations and court orders. We will engage you in key decisions at appropriate times during your use of our Sightly App such as allowing push notifications, email notifications, linking of user accounts, or collection of geolocation information.
DO NOT TRACK SIGNALS
Our Sightly App does not track users over time and across third party websites to provide targeted advertising, and therefore does not respond to Do Not Track (“DNT”) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites and do not want to be tracked, please adjust your web browser settings so third parties know you do not want to be tracked.
Some web browsers have a DNT feature. This feature allows you to tell websites you visit that you do not want to have your online activity tracked. These features are not yet uniform across browsers. Our Sightly App is not currently set up to respond to those signals.
ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
Please contact our office to request access to, correct or delete any personal information that you have provided to the us via our Sightly App. In addition, if you wish to update your personal information that is saved in our Sightly App, you may make the changes directly yourself by clicking on the “My Account” tab or “Profile” tab of our Sightly App and amending your information accordingly. Please note that changes you make directly to your personal information under the “My Account” tab or “Profile” tab will not be automatically transmitted to our office practice management system, and so you will need to notify the our office separately as outlined above.