TERMS AND CONDITIONS OF USE
Please read the following terms and conditions very carefully before using and/or accessing any page of this website, as your use of the website and/or services provided herein signifies your assent to and/or acceptance of these terms and conditions, including without limitation any subsequent modifications / revisions thereto as may be carried out by Vision Care Centre Ltd., at its sole discretion (“Terms & Conditions”). In these Terms & Conditions the terms “User(s)”, “Client(s)”, “you” and “your” refers to the person accessing the website and/or using the services provided herein (including without limitation the registered user account) and the terms “The Company”, “we”, “us”, “our”, “ourselves” refers to Vision Care Centre Ltd. and/or its subsidiaries, affiliates.
Use of the Website is available only to persons who can form legally binding contracts with us. Persons who are “incompetent to contract” within the meaning of the Zambian law including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not directly register with us unless you have an adult supervising/ accompanying you to transact with us. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Vision Care Centre Ltd reserves the right to terminate your request and / or refuse to provide you with services if it is brought to Vision Care Centre Ltd notice or if it is discovered that you are under the age of 18 years.
This website with the URL visioncarezambia.com (“Website”) is owned and operated by Vision Care Centre Ltd. having its registered office at 64, Chachacha Road, Lusaka, Zambia. All rights in relation to and/or arising out of this website and/or its contents, including copyright & trademark are owned by the Company and/or its Affiliates. Any use of this website or its contents, including copying or storing any data from the website (including without limitation graphics, code etc.) in whole or part without the express permission of Vision Care Centre Ltd is prohibited.
The services offered through this website are distinct and as such all services offered at the stores may not be available on the website; and therefore the services offered through this website are governed solely by the terms and conditions, warranties and representations expressly mentioned in this terms and conditions.
By subscribing to and/or using and/or continued use of this Website and/or any services provided therein, You agree that You have read, understood and are bound by the Terms and Conditions, regardless of how you subscribe to and/or use the Website and/or services. If you do not want to be bound by these Terms and Conditions then, you must not subscribe to and/or use the services and/or must discontinue accessing and/or using the Website, forthwith.
These Terms and Conditions, including without limitation any subsequent modifications / revisions thereto, other policies of the Company and applicable laws (including without limitation the Information Technology Act, 2000 and the Information Technology (Intermediaries Guidelines) Rules, 2011) are binding upon You in law. Your continued use of the Website and/or services, after effecting changes to these Terms and Conditions by the Company, shall constitute a complete and overall affirmation and an unqualified acceptance of the modified Terms and Conditions.
Except as otherwise specifically provided elsewhere in this Website, the redistribution, retransmission, republication or commercial exploitation of the contents of this Website without the written consent of Vision Care Centre Ltd and/or any copyright owner from whom we have obtained any license (express or implied), is expressly prohibited.
All rights not expressly granted herein to a user, are reserved. Downloading/copying/saving any information, content or images from this Website does not transfer any right or ownership of such information, content or images to You, and/or any other person not specifically authorized by the Company and/or such licensor and such downloading/ copying/saving shall also be subject to these Terms and Conditions. Such information, content or images shall be used solely in accordance with these Terms and Conditions and in accordance with law. You may not mirror and/or archive any part of this Website and/or any material contained in and/or posted on this Website on any server or computer without the express written permission from Vision Care Centre Ltd.
USER CONDUCT AND RULES
You agree and undertake to use the website and the services therein, in conformance with the following rules:
(a) You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
(b) You shall not attempt to gain un-authorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
(c) You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
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.
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
You agree to only post and/or upload messages/material/information that is proper and/or in compliance with the Terms and Conditions herein. You shall not host, display, upload, post, modify, publish, transmit, distribute, update, share or disseminate information that:
a) belongs to another person and to which the you do not have any right to;
b) is grossly harmful ,blasphemous ,defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, hateful, or racially ethnically objectionable, disparaging, relating to and/or encouraging money laundering or gambling, abuses, harasses, stalks, threatens or otherwise violates the legal rights of others, and/or otherwise unlawful in any manner;
c) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
d) harms minors in any way;
e) upload files that contain software or other material; infringes any patent, trademark, copyright or other proprietary rights;
f) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs designed to and/or which may interrupt, destroy, limit, damage the operation/functionality of the Website or another’s computer or another’s compute resource;
g) conduct or forward surveys, contests, pyramid schemes or chain letters;
h) download any file posted by another User of a Service that you know, or reasonably should know and/or a file which cannot be legally distributed in such manner;
i) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
j) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
k) impersonate another person;
l) violates any code of conduct or other guidelines, which may be applicable for and/or to any particular Service;
m) violates any laws or applicable regulations for the time being in force, in or outside India;
n) violates, abuses, unethically manipulates or exploits the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere; and
o) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or may threaten public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other country/nation/state;
p) The company reserves the right to vet the information posted on the reviews page of the site.
You will be responsible/liable for all losses, costs, expenses, damages, incurred by and/or awarded against Us as a result of Your non-compliance with the Terms & Conditions contained in this Website and/or violation of any law in force at the relevant time period, including without limitation any or all sums paid by us as a result of any settlement agreed by us arising out or in connection with any act and/or omission on Your part.
The information provided by a User during registration and the information available/collected from a User’s visit to Our Website, browsing history of Our Website, purchases made on Our Website and use of our Services, is collected and used strictly for internal purposes. This information is used primarily for improving customer service (your information helps us to more effectively respond to your customer service requests and support needs) and to provide you useful information, respond to your inquiries and/or other requests or questions.
Only authorised employees of Vision Care Centre Ltd can gain accesses to such information, on a need to know basis. However, Vision Care Centre Ltd does not guarantee that such information and/or data will be secure from intrusions and un-authorised release to third parties.
AVAILABILITY OF THE WEBSITE
We aim to offer you the best service possible; we do not warrant that the services available on this website will be uninterrupted, timely or error free. You therefore agree to indemnify us, our employees, agents and affiliates against any loss or damage caused in whatsoever manner from any interruption, delay and/or error in such services and/or in the hosting/availability of the website. You may report any error that may occur in the availability of the website and/or services by emailing to us at firstname.lastname@example.org; we will attempt to rectify the error as soon as reasonably possible, provided the same can be rectified.
Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities/services/products. We will attempt to restore the availability of the website, as soon as reasonably possible.
DESCRIPTIONS OF PRODUCTS
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 contact us directly/ visit any of our nearest branches for a trial.
We have taken care to describe and show products as accurately as possible however, the products may vary from their description. If there is anything which you do not understand, or if you wish to obtain further information, please contact customer services on email@example.com
We do not sell any of our services/products online.
The products advertised on the website are subject to availability. We try to ensure that we always stock a wide range of products to suit your needs and will let you know if the product is out of stock. If, for any reason beyond our reasonable control, we are unable to supply a particular product, we will not be liable to you for any damages and/or loss arising directly and/or indirectly.
INTELLECTUAL PROPERTY RIGHTS
The term Intellectual Property Rights shall mean and include all rights associated with copyright, trademark, patent, design and geographical indication rights as per the applicable law. The term copyright shall have the same meaning and effect as is ascribed to it in The Copyright Act, 1957 and any rules made thereunder. The term trademark shall have the same meaning and effect as is ascribed to it in the Trade Marks Act, 1999 and Rules made thereunder. The term design shall have the same meaning and effect as is ascribed to it in The Designs Act, 2000 and rules made thereunder. The term geographical indications shall have the same meaning and effect as is ascribed to it in the Geographical Indications of Goods (Registration and Protection) Rules, 2002 and rules made thereunder. All other terms (including without limitation the term infringement) shall have the same meaning as is provided in the respective statutes mentioned herein.
Unless otherwise indicated to the contrary, all intellectual property rights in the content of this Website (including without limitation the company logo, graphics, and product designs etc.) is owned by the Company and/or its Affiliates and/or Partners except in case of graphics or product designs or copyrighted material of third party Products. All material on this site is copyrighted by Vision Care Centre Ltd (© Vision Care 2018). Vision Care logo is a registered trademark. Client to confirm.
Any use, republication, modification or commercial exploitation of the contents of this Website, graphics, code, design, logo etc., in whole or part by you without the express permission of Vision Care Centre Ltd and/or any intellectual property right owner from whom we have obtained any license (express or implied), is expressly prohibited. Any un-authorised use of this Website and/or its contents is prohibited.
You agree that you shall be liable for any such act or omission on your part, which in law constitutes an infringement of any patent, trademark, copyright or other intellectual property rights owned by the Company and/or its Affiliates and/or Partners and/or service providers.
You unconditionally agree that in the event you and/or any person authorised by you to use your User Account or information downloaded by you from this website, infringe any Intellectual Property Rights of Vision Care Centre Ltd then you shall be liable for special, incidental and consequential damages and loss of profits accruing to Vision Care Centre Ltd directly or indirectly by your such act of infringement.
This clause shall survive even after termination of the contract between the User and Vision Care Centre Ltd.
LIMITATION OF LIABILITY
Vision Care Centre Ltd, its shareholders, directors, officers, employees, and other representatives, shall not be liable for any special, incidental, inconsequential or consequential damages (including without limitation claims for lost data, delay and non-availability of product) or, loss of profits that may result from the distribution, and/or use of, and/or the inability to use and/or the non-availability of the website or content or materials or products or services available on the website, under any circumstance whatsoever.
Notwithstanding the same, in no event shall the total liability of Vision Care Centre Ltd and/or its shareholders, directors, officers, employees, other representatives to the user/you and/or any person, entity, association of people claiming through or under you/user for all damages, losses, and/or otherwise any liability whatsoever (whether in contract, tort or otherwise) exceed the amount paid by you to Vision Care Centre Ltd, if any, for accessing this website and/or for purchase of products available on the Vision Care Centre Ltd website.
Without prejudice to the aforesaid, Vision Care Centre Ltd and/or its shareholders, directors, officers, employees, and other representatives shall not be liable for any damage or, loss of profits that may arise from any manufacturing defect in any third party. The user agrees/accepts/confirms that any claim arising out of and/or relating to third party products have to be made by the user against the manufacturer directly.
This clause shall survive even after termination of the contract between the user and Vision Care Centre Ltd.
We make no representations or warranty of any kind, whether express or implied with respect to this site or its content, or, any product or service available on or promoted through this site except as specifically provided, including but not limited to any warranty of fitness for a particular purpose or merchantability, nor do we in any way guarantee the quality, data content, artistic worth, or legality of information, content, goods or services that are transferred, received, purchased, or otherwise made available or obtained by way of this website. We do not warrant that this website will be error-free or that defects will be corrected.
This site and all of its content (including user-generated content) are provided on an “as is,” “as available” basis, without representations or warranties of any kind. to the fullest extent permitted by law of the country of operations, Vision Care Centre Ltd, its affiliates, its service providers and licensors disclaim any and all representations and warranties, whether express, implied, arising by statute, custom, course of dealing, course of performance or in any other way, with respect to this site, its content, and any products or services available or promoted through this site.
Without limiting the generality of the foregoing, Vision Care Centre Ltd, its affiliates, and their service providers and licensors disclaim all representations and warranties
(a) of title, non-infringement, merchantability and fitness for a particular purpose;
(b) relating to the security of this site;
(c) that the content of this site is accurate, complete or current; or
(d) that this site will operate securely or without interruption or error.
We do not represent or warrant that this site, its servers, or any transmissions sent from us or through this site will be free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Vision Care Centre Ltd’s computer systems. You have the sole responsibility for adequate protection and backup of data and/or equipment used in connection with this website.
Vision Care Centre Ltd does not endorse and is not responsible for statements, advice or opinions made by anyone other than authorised Vision Care Centre Ltd spokespersons. We do not endorse and are not responsible for any statements, advice or opinions contained in user-generated content and such statements, advice or opinions do not in any way reflect the statements, advice or opinions of Vision Care Centre Ltd. We do not endorse and are not responsible for any statements, advice or opinions contained in social media, magazines, except the statements made by Vision Care Centre Ltd authorised personnel to the extent the statements are not statements, advices and opinions expressed by and/or represented to be of persons other than Vision Care Centre Ltd authorised personnel. We do not make any representations or warranties against the possibility of deletion, mis-delivery or failure to store communications, personalized settings, or other data. You accept that our shareholders, owners, officers, directors, employees and other representatives shall have the benefit of this clause.
This clause shall survive even after termination of the contract between the User and Vision Care Centre Ltd.
You agree to indemnify, defend and hold harmless Vision Care Centre Ltd from and against any and all losses, liabilities, claims, damages, costs, expenses, suits, legal proceedings and otherwise howsoever (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Vision Care Centre Ltd, arising out of, resulting from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms. This clause shall survive even after termination of the contract between the User and Vision Care Centre Ltd.
Vision Care Centre Ltd may in its sole and absolute discretion suspend or terminate your use of the Website or any Service or contract between you and Vision Care Centre Ltd, in particular if you have breached, violated, abused, or unethically manipulated or exploited any clause of these Terms and Conditions or in any way otherwise acted unethically and/or illegally.
If Vision Care Centre Ltd terminates your use of the Website or any Service, Vision Care Centre Ltd may delete any content or other materials relating to your use of the Services and/or the Website and Vision Care Centre Ltd will have no liability towards you or any third party for any such act.
You and Vision Care Centre Ltd agree that even after termination of this Agreement/Terms and Conditions/Contract between You and Vision Care Centre, You shall be liable to pay for any Service or Product that you have already Ordered and/or availed of and/or for which delivery has been made and that You shall be entitled only to those payments which are deemed accrued to You as per these Terms and Conditions.
These terms shall be governed by and constructed in accordance with the laws of Zambia without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Lusaka.
If any provision herein is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms and Conditions shall continue to be in full force and effect.
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to firstname.lastname@example.org
Neither party shall be liable to the other for any failure to perform any obligation under this agreement which is due to an event beyond the control of such party including but not limited to an Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or human (man) made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Any notice to the Company must be sent to the following address:
Vision Care Centre Ltd
64, Chachacha Road, Opposite Kariba House, Lusaka, Zambia
Any notice sent by the company to the user shall be sent at the address provided by the User in the user Account information and/or Order form, as the case may be.
This Website is developed and maintained by Vision Care Centre Ltd. If you have any queries about these terms and conditions or any complaints or suggestions regarding this Website, please feel free to write to us at email@example.com.