Terms of Service

Terms of Service
Terms of Service 2017-06-27T16:26:33+00:00

Terms of Service

OVERVIEW
This website is operated by Visique on High Street & Main Optometrists (Hanikel Limited). Throughout the site, the terms “we”, “us” and “our” refer to Visique on High Street & Main Optometrists. Visique on High Street & Main Optometrists offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

There is nothing on the site that should be used as a substitute for medical advice, including advice about vision and eye care and/or any issues related to vision care and eye care. Access and use of this website is completely voluntary and is the sole risk of the user.
Your use of any information or materials on this website is entirely at your own risk, for which Visique on High Street & Main Optometrists, and its directors and employees shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
We strongly advise you to always seek the advice of an optometrist or ophthalmologist with any questions about vision and eye care. You should not delay in contacting an optometrist or ophthalmologist based on information you have obtained from this site, or any site whose link may be found on the Visique on High Street & Main Optometrists website. If you believe you have a vision problem or condition, contact an optometrist or ophthalmologist immediately.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

CONTACT LENS ORDERS
Your order must be for the same contact lenses that have been prescribed and fitted by your Optometrist or Ophthalmologist.
Visique on High Street & Main Optometrists does not accept responsibility for your lack of suitability to wear contact lenses.
You agree to wear and replace the contact lenses according to the schedule recommended by your Optometrist or Ophthalmologist.
The contact lenses you are ordering are for your own personal use.
We take no responsibility for supplying the incorrect contact lenses due to you or your Optometrist or Ophthalmologist providing us with incorrect details.
When you place an order with Visique on High Street & Main Optometrists you give permission to Visique on High Street & Main Optometrists to contact your Optometrist or Ophthalmologist to verify your contact lens details, request a copy of your prescription and if required then you will give an authority to your Optometrist or Ophthalmologist to supply this information to Visique on High Street & Main Optometrists.
We reserve the right not to supply contact lenses if we feel the selected contact lenses are not in accordance with the specifications provided by you, your Optometrist or Ophthalmologist, or if the contact lenses are not able to be supplied by Visique on High Street & Main Optometrists.
Visique on High Street & Main Optometrists reserves the right to cancel any orders. Reasons for cancellation may include, but are not limited to, inappropriate use of the shopping site, circumstances where we believe payment details may be fraudulent or insufficient information is provided for us to process the order.
By completing the online order form you agree to accept shipment for the selected product, and agree to pay by the method indicated on your order form.
By completing the online order form you agree and accept that you are the person responsible for the credit card and accept responsibility for all charges made on our site by your card.

Optometrists and Ophthalmologists have an ethical duty of care, to ensure that contact lenses are dispensed only to people who have a valid prescription for those contact lenses.
This is to ensure that the eye, and more specifically the cornea on which the contact lens is placed, is regularly examined for any signs of diseases and complications.

If your contact lens prescription is outside its recommended expiry date it is recommended you have an eye examination before proceeding with your contact lens order. If you have not had, or have declined, the recommended eye examination, then by ordering from this website you agree you have read and understand the above statement and accept full responsibility for your ongoing eyecare and for the suitability of your contact lenses purchases.

DELIVERY
For contact lens products held in stock, normal delivery time is 2-3 working days where you have supplied your full, correct prescription and delivery information. For contact lenses that are ordered in, normal delivery time is 4-5 working days where you have supplied the full, correct prescription and delivery information.  Some contact lenses such as toric lenses (for astigmatism correction) can take longer, in these cases you will be notified with an expected delivery time.
Visique on High Street & Main Optometrists endeavours to meet these delivery schedules, but will not be held responsible for any delays due to incomplete prescription or delivery information, courier deliveries, or product shortages. If there is a delay on supplying your order we will advise you by email and / or text as soon as possible. You will receive a confirmation email and / or text when your products have been dispatched.
If the products are not received within 5 working days of the dispatched confirmation email it is your responsibility to contact us so the goods may be traced. If you fail to advise us within the 5 working days that the products have not arrived, compensation will not be available for lost goods.
Deliveries will not be made on weekends or public holidays. All orders are shipped via traceable courier. If your purchase is being couriered please provide us with a physical day time address where there will be someone present to sign for your purchase. If no one is available to sign for the package, a calling card will be left in your letterbox, or at the address supplied if possible, advising you of alternative delivery options (Please note that delivery to a P.O. Box may cause delays).
If you have selected Urban, rather than Rural, for shipping to a Rural Delivery (RD) address, your order will be placed once the payment has been received for Rural shipping, or you have provided a non-Rural Delivery (RD) address for shipping. If you are not sure whether NZ Post considers your address rural or urban, please visit https://www.nzpost.co.nz/tools/address-postcode-finder.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control, nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK, COMPETITIONS AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise we deem objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

From time to time Visique on High Street & Main may run prize draws or competitions.

By entering a prize draw and / or competition you consent to Visique on High Street & Main adding your details to its database and supplying you with marketing and promotional information from time to time. You may opt out of this at any time by emailing Visique with this request. Visique on High Street & Main will not sell or transfer your details to any third party and you details will be kept private and secure. You can access and update your details at any time with reasonable notice to Visique on High Street & Main.

Visique on High Street & Main reserves the right to verify the validity of any entry or claim. By accepting any prize, the winner consents to Visique on High Street & Main and/or its affiliates and agencies using the winner’s details, photographs and other material for reasonable promotional purposes including but not limited to in store notices, posters, emails, online marketing activity and press. Any decisions made by the Visique on High Street & Main in relation to the prize draw are final and no correspondence will be entered into. Visique on High Street & Main is not liable for any failure (for whatever reason) to record an entry into the prize draw. To claim their prize, the winner of this any competitions or prize draw must visit Visique on High Street & Main in person with identification including a driver’s license or passport. If the winner is unable to be contacted within 30 working days, the prize will be redrawn. Prizes or any part thereof are not transferable for cash. Winner cannot gift the prize to another person. Prize is for personal use only. The decision is final and no correspondence will be entered into. Eligibility: This competition is open to New Zealand residents only. The promotion is not open to Visique on High Street & Main staff or families, associated companies, suppliers, agencies and printers involved with this promotion.

Acceptance of Terms and Conditions: Entry into the prize draw is deemed as acceptance of these terms and conditions. Visique on High Street & Main reserves the right to amend these terms and conditions at any time without notice.

SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Hanikel Ltd trading as Visique on High Street & Main Optometrists, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Visique on High Street & Main Optometrists and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

SECTION 19 – PRICES
All prices are in New Zealand dollars and inclusive of GST.

SECTION 20 – CUSTOMS DUTIES
Any customs duties are the responsibility of the customer.

SECTION 21 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at [email protected]

SECTION 22 – PINS/ USERNAME AND PASSWORDS
You may be issued PINs or have a username and password for using specific services within this website such as when you register as a customer.
You agree to take all reasonable precautions to protect the security and integrity of your PIN or username and password and to prevent its unauthorised use. You agree to be responsible for all actions taken using your PIN or username and password. If you suspect or become aware of any unauthorised use of your PIN or username and password, you will immediately notify Visique on High Street & Main Optometrists.

SECTION 23 – COPYRIGHT/INTELLECTUAL PROPERTY
All copyright and other intellectual property rights in the contents of this website (including text, images, trademarks, graphics, layout, moving pictures, look and feel, the design and any other information of this website) is owned or otherwise provided by Visique on High Street & Main Optometrists.
Visitors to this website acknowledge that use of this website is for personal use only (i.e., not for any business purpose) and no part of this website may be reproduced, republished, uploaded, posted, stored, distributed or transmitted in any form or by any means (electronic, mechanical or otherwise), or modified in whole or part, whether in text, graphical, audio, video or executable form, without the express prior written permission of Visique on High Street & Main Optometrists. Requests for permission or further information should be sent to [email protected]