Terms of Use
Effective Date: April 1, 2020
In the Terms of Use, 1778761 Alberta Ltd will be referred to as “Stonewire Optometry”, “Stonewire”, “we,” “us,” or “our.” We provide this site as a service to our customers and this document provides a comprehensive way to understand what using our website means to you. We will refer to our site (“Site”) and services collectively as “Services.”
Before using any of our Services, be sure to carefully read over Terms of Use (“Terms”) and our Privacy Policy. These provide the guidelines to when you use Stonewire Optometry Services. When you use our Services you agree to follow and be bound by the guidelines and rules laid out in the Terms. If you do not agree to any part of our Terms, please do not proceed to use our Services. If you have any questions about the Terms, please send us an email at ross@stonewire.ca
Eligibility
You may only use this Site if you are at least 18 years of age. If you are under the age of 18 and wish to use our Services, please ensure that your legal guardian is aware and agrees that you can use our Services.
You are responsible for ensuring that your use of the Site complies with all laws, rules and regulations applicable to you. Any breach of these Terms shall result in the immediate revocation of the license granted without notice to you.
Privacy Policy
Our Privacy Policy also governs your visits and forms part of these Terms. You can read it here.
Our Rights and Responsibilities
In general, the Site is available twenty-four hours a day, seven days a week. However, the Site may not be continuously available due to maintenance, upgrades and emergency repairs to our software and/or hardware of infrastructure.
We do reserve the right to refuse service to you for any reason at any time.
We may need to change or discontinue certain aspects of the Site at any given time. We may do so with or without notice to you.
Account Registration
You do not require a user account (“Account”) to navigate most of our Services. However, there are features that may require you to create an Account with us. Every time you use a password or identification, you will be deemed to authorize to access and use our Site in a manner consistent with our Terms, and we have no obligation to investigate the authorization or source of any such access to our Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AN USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGHOUT SUCH ACCESS OR USE.
Make sure to protect the security and confidentiality of the password and identification assigned to you or that you create. If there is any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security, notify us immediately.
Termination
You agree and acknowledge that Stonewire, in its sole and absolute discretion, can terminate your account without prior notice if we deem any misuse of our services.
In the event we terminate your account, you will still be bound by your obligation under these terms of service, including the warranties made by you, and by the disclaimers and limitations of liability. Stonewire shall not be liable to you or any third-party for any termination of your access.
Copyright
Our team works diligently to put up beautiful content for your enjoyment. All text, graphics, button icons, images, video and audio clips, and software (collectively, “Content”) on this Site belongs exclusively to Stonewire Optometry and is protected by Canadian and international copyright laws. The collection, arrangement, and assembly of all Content on this Site (“Compilation”) belongs exclusively to Stonewire and is protected by Canadian and international copyright laws. All software used on this Site (“Software”) is the property of Stonewire or our Software suppliers and is protected by Canadian and international copyright laws.
Copyright Complaints
Stonewire respects the intellectual property of others. If you believe someone has posted on our Site something you own without your authorization, please send us a notice immediately at: ross@stonewire.ca
Review, Feedback, Comments and Other Content
When you submit some things to us, there are guidelines associated. You may submit your review, feedback, comments, photographs and other content (collectively known as “User Content”) to Stonewire Optometry.
When you submit User Content, you represent and warrant that:
You own all the rights, license and title to all materials such as reviews, comments and other such contents submitted to us (or have the right to give it to us);
You are not infringing or violating on other third parties’ rights;
You are not using a false email address, pretending to be someone other than yourself or otherwise mislead us or third-parties as to the origin of any User Content.
In addition, User Content must NOT:
Include inappropriate content such as obscene, indecent and pornographic material;
Contain any unsolicited or unauthorized marketing such as spam;
Contain any viruses, codes, programs or files that are designed or intended to disrupt, damage, limit or interfere with our Services, Software and equipment; or to obtain unauthorized access to any data, system, information of ours or third party;
Include individual’s identification documents or sensitive financial information;
Impersonate any individual or entity.
Except as provided elsewhere in these Terms or on the Site, anything you submit or post to the Site and/or provide us is and will be treated as non-confidential and non-proprietary and we shall have the right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineers, disassemble, or decompile such Submissions.
Anything you submit to us automatically becomes our sole and exclusive property and shall not be returned to you.
Correction of Site Errors and Product Descriptions
Stonewire will take all reasonable care to ensure that all details, descriptions, and prices of products on our Site are correct at the time when the relevant information was entered into our system. However, there may be times when product descriptions or other content of the Site may contain typographical errors or inaccuracies. Some of our errors may relate to product information, colour, pricing and availability.
In these instances, we shall have the right to refuse or terminate any orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge. We will notify you in this situation.
We have made every effort to display as accurately as possible the product or box colours that appear on the Site so you are clear in what to expect when you place your order. However, the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product upon delivery. As our leather is done in smaller batches, there may be slight variations from the leather you see on the website. You have the option of ordering a leather swatch kit before purchasing if you would like to see the leather colours.
Product Availability
Stonewire moves through some products quickly. The availability of products and other items on the Site may change at any time without prior notice. We reserve the right to update any information we see fit at any time. Because our products are kept up to date, we always have a limited supply. No item is guaranteed if it goes out of stock.
Changes to Products and Pricing
We are constantly revising and updating our products and we may discontinue a product on the Site at no notice. All pricing on the Site may change without notice. Stonewire reserves the right to make adjustments due to changes in market conditions, manufacturer price changes, errors in advertisements and other extenuating circumstances.
If for whatever reason a product you purchased is not available, you will be notified and a refund will be issued to you.
Price Adjustment
Stonewire reserves the right to update and change products and pricing without prior notice. We do not offer price adjustments on any purchases placed prior to a change in price.
Shipping
Your shipping address cannot be changed after placing your order.
Most Stonewire Optometry packages do not require a signature upon delivery. If you would like to require a signature at the time of delivery, please contact us at ross@stonewire.ca or call 1-780.628.6886. Additional charges will apply.
Within Canada
Stonewire offers a flat rate shipping fee across Alberta and Canada. There should be no duties charged to you upon delivery. P.O. Box shipping is available through Canada Post for an additional charge. For all in-stock products, there should be no delay in shipping times. For custom ordered products, please allow 3-5 additional days.
$12.95 for all eye drops, and eye care products
$12.95 for all monthly contact lenses
$19.95 for all Dailies contact lenses
USA & Other Destinations
Stonewire does not offer product shipments outside of Canada. We do ship to PO Box addresses within Alberta.
Risk of Loss
The risk of loss for purchases made on this site passes onto you when we deliver it to the shipment carrier (i.e. Canada Post, etc.)
Returns & Exchanges
Stonewire only sells medical products designed for personal use. We do not accept returns or exchanges. If an error was made in shipping, we will happily exchange the product for the originally ordered product at no cost to yourself. Please contact our team at ross@stonewire.ca or call 780.628.6886.
Cancellations
There is no cooling-off period. All in-stock items are processed immediately and shipped to you. All custom or special order products are also processed immediately, to try and reduce delays.
License and Site Access
Stonewire Optometry grants you limited license to use our services. What this means is that we grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of the content. Our Site is intended solely for personal and non-commercial use. This license will allow you to use and enjoy our Services in the manner permitted through these Terms.
This license means that you are not allowed to do the following:
Reproduce, distribute, display, sell, lease transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing;
Make any commercial use of any information provided on the Site;
Make use of the Site for the benefit of another business unless explicitly permitted by us in advance;
Upload to, distribute, or otherwise publish through this Site any content, information, or other material that i) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; ii) is libellous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Canadian or international law; or iii) includes and bugs, viruses, worms, tram doors, Trojan horses or other harmful code of properties.
Links to Other Websites
On our Site, there may be links to other websites (“Third-Party Services”) and are provided solely as a convenience to you. Stonewire Optometry has not reviewed these Third-Party Services and does not control and is not responsible for any of them or their content. Be sure you understand their terms and conditions before using Third Party Services.
Stonewire Optometry does not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from them. If you decide to access any of the Third-Party Services linked to this Site, you do so entirely at your own risk.
International Site Access
The Site can be accessed from countries other than Canada.
If you access and use this Site outside of Canada you are responsible for complying with your local laws and regulations.
Applicable Law
By visiting this Site, you agree to the laws of the Province of Alberta and the laws of Canada, without regard to principles of conflict of laws, will govern these Terms. The courts of the Province of Alberta shall have exclusive jurisdiction over all disputes. You agree that jurisdiction and venue in such courts is appropriate and you agree to submit to the jurisdiction in such courts.
Indemnity
By the use of the Site, you agree to indemnify Stonewire Optometry and its suppliers, and each of their respective directors, officers, employees, consultants, agents and suppliers from and against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities (including legal fees) which may be incurred by reason of or in connection with your use of this Site.
Limitation of Liability
STONEWIRE OPTOMETRY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE UDAGE OF OR THE INABILITY TO USE THE MATERIALS AND SERVICES ON THIS SITE OF THE PERFORMANCE OF ANY OF ITS PRODUCTS (EVEN IF STONEWIRE OPTOMETRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.)
Updating Terms of Use
Things change frequently and from time to time these Terms may be updated to reflect current law and business operations. We reserve the right to change these Terms at any time and will update the effective date at the top of these Terms. Please review and familiarize yourself with these Terms and to check back occasionally. Your continued use of the Site after we update Terms constitutes acknowledgement that you agree to the Terms.
There are other policies, guidelines, and requirements posted on the Site. Your continued use of the Site is subject to all these policies, guidelines, and other requirements, which are incorporated into these Terms.
Miscellaneous
Disputes with Other Users: In the event that you have a dispute with one or more users, you release us, Stonewire Optometry (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
No Agency: You and Stonewire Optometry are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.
Assignment: You may not assign, transfer, delegate or sublicense any of your rights under these Terms. We may assign, transfer, delegate or sublicense any of our rights under these Terms.
Severability: If any provision of these Terms is illegal, void or enforceable, that provision shall be limited or eliminated to the minimum extent necessary for the rest of the agreement to remain enforceable.
No Waiver: Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will do so in the future. In order for any waiver of compliance with these Terms to be binding, Stonewire Optometry must provide you with written notice of such waiver, provided by one of our authorized representatives.
Entire Agreement: These Terms and any policies, guidelines, and requirements that we post on Stonewire Optometry state the complete understanding between you and us. No modification of these Terms will be enforceable against Stonewire unless in writing and signed by an authorized representative.
Headings: The section and paragraph headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
If you have any questions or comments about this Terms of Use, please contact us at ross@stonewire.ca
