YOUR ACCESS TO AND USE OF THIS SITE FORMS AN AGREEMENT BETWEEN YOU AND KAYTRAN EYEWEAR LTD., INC. (“Kaytran”). THE EFFECTIVE DATE OF THIS TERMS AND CONDITIONS AGREEMENT (“AGREEMENT”) IS DECEMBER 20, 2011. PLEASE READ THESE TERMS AND CONDITIONS BEFORE PROCEEDING ONTO THE SITE. IF YOU USE THIS SITE IT WILL BE ASSUMED THAT YOU HAVE ACCEPTED ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE.
LICENSE TO USE
Kaytran maintains this site (the “Site”) for education, communication, ecommerce and entertainment purposes. Kaytran grants you a personal, non-transferable, non-exclusive license to access, read and download content from the site as specified below. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, in any form or medium, distribute, modify, adapt, create derivative works from, reverse engineer, decompile, disassemble, translate, copy, re-arrange, bundle, sell, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, transmit, reuse, re-post, use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site, collect any information from the Site or any other user of the Site, make available to any person or otherwise use the content of the Site for public or commercial purposes, including the text, images, audio and video, nor allow or authorize any one else to do so, without Kaytran’s prior written permission.
CAPACITY TO CONTRACT
This Site is designed for and intended for use by adults. Except as otherwise set out below, you represent to us by using this Site that you are of the legal age of majority in your province or state of residence and that you are duly authorized to use this Site and to enter into a contract with us. If you are under the legal age of majority in your province or state of residence, you may use this Site only with involvement of a parent or legal guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be fully responsible for their use of this Site.
OWNERSHIP OF CONTENT
Unless you are advised otherwise, everything you see or read on the Site including information, reports, data, databases, graphics, interfaces, webpages, text, files, software, product names, trade marks, logos and tradenames (collectively “the content”) is subject to copyright, trade mark or other forms of legal protection owned by or licensed by third parties to Kaytran. It may not be used except as provided in these terms and conditions or in the text of the Site without the written permission of Kaytran.
Images of people or places displayed on the Site are either the property of, or used with permission, by Kaytran. Use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images or other content may violate copyright laws, trade marks laws, the laws of privacy and publicity, and Communications Regulations and Statutes.
The trade marks and logos (collectively the “Trademarks”) displayed on the Site, are registered and unregistered Trademarks of Kaytran and others, as can be seen or inferred from their display on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Kaytran or such third party that owns the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Kaytran will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, where applicable.
Without limiting the foregoing, 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. 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. Further, you may not create and/or publish your own database that features substantial parts of the Site without our prior written prior approval.
When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, 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 that we provide to you electronically satisfy any legal requirement that such communication be in writing.
DISCLAIMERS AND LIMITATIONS ON LIABILITY
Kaytran neither warrants nor represents that your use of the content displayed on the Site will not infringe any rights of any kind of third parties not owned or affiliated with Kaytran. Kaytran disclaims any and all liability with respect to the content on this Site and your usage of any content on this Site.
While Kaytran uses reasonable efforts to include accurate and up-to date content on the Site, Kaytran makes no warranties or representations that the content on the Site is accurate, complete, up-to-date and not tampered with. Kaytran assumes no liability or responsibility for any errors or omissions in the content of the Site. Your use of and browsing in the Site are at your risk and you should apply your own judgment in making any use of any content or relying upon it to make judgments. CONTENT IS PROVIDED FOR EDUCATIONAL, AND INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR ANY SPECIFIC PRODUCT OR SERVICE, USE OR COURSE OF ACTION. THE CONTENT ON THIS SITE IS NOT INTENDED TO BE USED AS A SUBSTITUTE FOR ANY KIND OF PROFESSIONAL ADVICE, INCLUDING MEDICAL ADVICE. IT IS YOUR DUTY TO OBTAIN PROFESSIONAL ADVICE FROM THE APPROPRIATE QUALIFIED PROFESSIONAL TO MEET YOUR NEEDS. YOU SHOULD NOT ACT OR RELY ON ANY OF THE CONTENT WITHOUT SEEKING THE ADVICE OF A QUALIFIED PROFESSIONAL.
Neither Kaytran, its affiliates, agents, licensors, suppliers, or their respective directors, officers or employees nor any other party involved in creating, producing, or delivering the Site will be liable for any direct, incidental, consequential, indirect, exemplary, punitive, special, economic or compensatory damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS’, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, QUALITY, OR TITLE.
IN NO EVENT WILL KAYTRAN, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR DAMAGES OR LOSSES ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING OF THE SITE OR DOWNLOADING OF MATERIALS FROM THE SITE WHICH RESULT IN: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS’ TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD PARTY WEBSITES; THE INTERNET BACKBONE, PERSONAL INJURY; THIRD PARTY CONTENT, PRODUCTS AND SERVICES; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THE SITE OR THE CONTENT; ANY OTHER WEBSITE ACCESSED TO OR FROM THIS SITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF KAYTRAN , EVEN IF KAYTRAN HAD BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES OR CLAIMS.
KAYTRAN ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. KAYTRAN IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT MAY BE UNDESIRABLE OR OBJECTIONAL. KAYTRAN DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE SITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.
Without prejudice to the provisions set out above, any of our liability, whether in contract, tort (including but not limited to negligence), product liability or otherwise, resulting from your use of or visiting the Site, the delivery of defective products and/or services, will be limited to direct damages and up to the amount of the price stipulated for the items concerned. Liability for indirect or consequential damages or any other damages of any kind are in all circumstances excluded. We will not be liable in the event that the damage was caused by any intentional act or omission or gross negligence by you or your improper use of the frames and or related products sent to you.
Please note that some jurisdictions may not allow the exclusion of all implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
RIGHT TO USE YOUR POSTINGS
Subject to the other provisions of these Terms and Conditions, Kaytran has no objection to you providing a hyper link from an outside site to the Site provided no trademarks or design logos are used in the hyper link and the hyper link directs consumers to Kaytran’s home page only. Links using framing technologies are not permitted. Kaytran also reserves the right to object to any links where the outside site contains infringing, libelous, defamatory, misleading, false, obscene or otherwise unlawful material. In such circumstances, you agree to remove the link, failing which Kaytran will terminate your use of the Site and seek whatsoever legal remedies are available to it.
Kaytran has not reviewed and will not routinely review all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Kaytran makes absolutely no warranties or representations of any kind whatsoever regarding any links at this Site. Your linking to any other off-site pages or other sites is at your own risk.
BULLETIN BOARDS AND CHAT ROOMS
Although Kaytran may, at its own discretion, from time-to-time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like which may be available from time to time on the Site, Kaytran is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, inaccuracy, misleading content or unlawful activity contained in any content within such locations on the Site. You are prohibited from posting or transmitting any unlawful, infringing, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Kaytran will fully cooperate with any law enforcement authorities or court order requesting or directing Kaytran to disclose the identity of anyone posting any such information or materials. By accessing this Site you agree to fully defend, indemnify and hold Kaytran harmless from any and all liability that may arise out of any material you may post or transmit at this Site.
YOUR ACCOUNT OBLIGATIONS
If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or provide us with any information, you agree to complete the account initiation, registration, or other process by providing us with current, complete, and accurate information as requested by any forms. You agree that you will provide true, current, complete, and accurate information in connection with any inquiry, quote request, or other request for information. Kaytran is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control of Kaytran.
SHIPPING AND PAYMENT
On this site, including these Terms and Conditions, when we use the phrase “free shipping”, we mean that the shipping fee is included in the sale price of the merchandise sold. In such case, there is no additional shipping cost to you.
You assume all responsibility of any goods F.O.B (ie. upon pickup by our selected carrier).
We only accept payment for online orders through PayPal.
DELIVERY AND PAYMENT
Deliveries will be made 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. When you purchase merchandise from the site, we will then, as your agent, provide a carrier to ship your merchandise and contact the carrier on your behalf. You assume all responsibility of any goods F.O.B. Upon pickup of the merchandise by our selected carrier from our shipping centre, risk of loss is transferred from us to you at this point. On average, deliveries should typically arrive within 5-10 working business days from the date your order has been shipped from our office.
You may return any products ordered by you provided that you send us a return request within fourteen (14) working business days following the confirmation of your order (“the Return Period”). If you return the products you are obliged to comply with the requirement of our Returns Policy (below). You must return all the products in their original packaging provided when they were delivered to you. Between the date of your election to withdraw and the date the product is returned by you to us, you shall bear all risk in keeping the products safe, secure, and free from loss or damage.
We will issue a refund or replacement of goods in all instances where:
1. frames or related products are supplied damaged;
2. the products you have ordered are returned to us as undeliverable by the postal service; and
3. return requests for undamaged product(s) in their original merchantable condition are made within fourteen (14) working business days following the confirmation of your order.
In all instances (save returns to us as undeliverable) you should contact our customer services through email at email@example.com to request a return and the relevant return address. You may choose your own carrier to ship the return product to us – all return postal charges are to be incurred by the purchaser. A refund or replacement will be issued to you following the receipt of the goods at our address within seven (7) working business days of that date. If goods are returned as undeliverable by the postal service, you will be contacted by email or phone for confirmation of the delivery address. If no reply is received within a reasonable period and in any event within fourteen (14) working business days of the return of the goods, then a refund will be made within seven (7) working business days of that date.
We may refuse to accept future orders from those who have made previous unsubstantiated claims for non-delivery of goods. Refunds will be limited to the maximum value of the original order, and will only be issued against the same credit or debit card account as supplied to pay for the goods. We reserve the right to proportionately reduce the level of the refund if only some of the original quantity of products is returned, or if it is clear that some of the products have been used or damaged. In the case of goods returned under your ‘cooling off’ right, these must be returned undamaged and unused to qualify for a refund.
FRAMES NO RISK RETURN POLICY
Our 100% Satisfaction Guarantee means that you can trust Kaytran to deliver high quality frames. Our no-risk return policy means that you can order frames and if you’re not satisfied, return them, together with the complimentary accessories shipped to you, provided that you contact us to request the return within fourteen (14) working business days after the date your order is confirmed. If you’d like to return your frames, simply email our Customer Care representatives at firstname.lastname@example.org for return instructions and the return address. Note that return postal charges will be incurred by the purchaser.
We are currently unable to accept returns of frames if the frames or the complimentary accessories are not in their original merchantable condition, or if the return requests for the frames and the complimentary accessories are made more than fourteen (14) working business days after the date of purchase/order confirmation. Kaytran offers a 1-year warranty on manufacturer defects on frames starting the day your order is confirmed. For all warranty issues, please contact our Customer Care representatives through email at email@example.com for further instructions.
Your access to the Site is effective until terminated by Kaytran, with or without cause, in Kaytran’s sole and unfettered discretion. Kaytran may terminate your access without notice to you if you fail to comply with any of these Terms and Conditions. Any such termination by Kaytran shall be in addition to and without prejudice to such rights and remedies as may be available to Kaytran, including injunctions and other equitable remedies.
The disclaimers, limitations in liability, ownership, termination, interpretation, your license to Kaytran, your warranty and the indemnity provisions of these Terms and Conditions shall survive any termination or expiry.
You agree at all times to indemnify, defend and hold harmless Kaytran, its agents, suppliers, affiliates, and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Kaytran directly or indirectly in respect of:
- any information or other content you provide on or through this Site or by email or other correspondence; or
- your use or misuse of the content or this Site, including, without limitation, infringement claims or violation of any third-party rights.
These Terms and Conditions will be governed by the laws of the Province of Ontario and the federal laws of Canada and shall be treated in all respects as an Ontario contract, without reference to the principles of conflicts of law. In the event of a dispute, we agree to submit to the non-exclusive jurisdiction of the Ontario courts. Regardless of where you access this site, you agree that any action or proceeding arising out of this Agreement or your use of the Site, whether at law or in equity, must be brought in the state or federal courts serving Toronto, Ontario, Canada, and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. We expressly exclude the UN Convention on Contracts for the International Sales of Goods, and the International Sale of Goods Act of Ontario as amended, replaced or re-enacted from time to time. We have required that these Terms and Conditions and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent sont rédigés en anglais.
The division of these Terms and Conditions into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of these Terms and Conditions. In these Terms and Conditions, words importing the singular number include the plural and vice versa, word importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporation, trusts and unincorporated associations. All references to money amounts in these Terms and Conditions, unless otherwise specified, are in Canadian dollars.
These Terms and Conditions, as they may be amended from time to time in accordance with the provisions of these Terms and Conditions, and any and all other legal notices and policies on this Site, constitute the entire agreement between you and Kaytran with respect to the use of this Site and the content.
AMENDMENT AND WAIVER
Kaytran reserves the right, in its discretion, to amend these Terms and Conditions at any time by posting amendments on this Site. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the Effective Date at the top of this page. You are responsible for periodically reviewing this Site and you are deemed to be aware of such amendments. If you do not agree to the amended terms and conditions, you shall immediately stop using this Site. Access to this Site or use of this Site after amendments have been posted shall constitute your acknowledgement and acceptance of the amended terms and conditions. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
Any provision of these Terms and Conditions which are held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of these Terms and Conditions or affecting the legality, validity or enforceability of such provision in any other jurisdiction.