Terms & Conditions
Welcome to Abbas Opticals Private Limited
The terms and conditions as set out herein (“Terms”) constitute an agreement between Abbas Opticals Private Limited (“we”, “us” or “our”), which operates the Abbas Optical Platform (defined below), and a natural or legal person who accesses and/or uses www.abbasoptical.com in any manner (“you” or “your” or “user”) or uses any current or future service or functionality or offer made available on Abbas Optical Platform (“Service(s)”), as updated from time to time.
By using the Abbas Optical Platform, you expressly agree to be bound by the Terms. If you do not agree with any of the Terms, please do not use the Abbas Optical Platform. If you have any questions about the terms, please contact at firstname.lastname@example.org. Please note that your access to the Services, other platforms, or utilization of Products (defined below), offers, or promotions in relation to the Products as may be provided by us or our affiliates, may be governed by other terms and conditions, policies, or guidelines (“Additional Terms”) along with these Terms. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service or utilization of the Product. These Terms govern your use of the Abbas Optical Platform and transaction or dealings thereon.
For the purposes of these Terms: (a) “Abbas Optical Platform” means www.abbasoptical.com, which includes its corresponding mobile application/ website/tablet/desktop or any other digital mode and/or operating system as provided by us, on which you may avail the Services and includes applications controlled and managed by us which interact with one or more such mobile applications/ websites/ tablets and digital modes as provided by us; (b) “Products” shall mean eyeglasses, computer glasses, reading glasses, sunglasses, contact lenses, accessories, and other products offered for sale to you on the Abbas Optical Platform; and (c) We and you are hereinafter individually referred to as “Party” and collectively as “Parties”.
These Terms are divided into 3 (three) parts. Please carefully read all the parts to understand the conditions applicable in case of usage of the Abbas Optical Platform and for purchase of Products thereof.
PART A – TERMS AND CONDITIONS FOR USAGE OF Abbas Opticals Private Limited
- This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- We authorize you to view and access the Abbas Optical Platform solely for identifying Products, carrying out purchases of Products, and processing returns and refunds, in accordance with Return and Refund Policy, therefore, grant you limited, revocable permission to access and use the Services.
- By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the Abbas Optical Platform under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products on behalf of the minor user. In the event we are made aware that a user is under the age of 18 and is using/browsing the Abbas Optical Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice. Further, if you are using the Services on behalf of a company or organization, you represent that you have authority to act on behalf of that entity and that such entity accepts this Agreement.
2. REGISTRATION OF YOUR ACCOUNT
- In order to purchase Products on the Abbas Optical Platform and/or avail of the Services, you will have to register on the Abbas Optical Platform. Registration is a one-time process. You will be eligible to further access and avail of the Services only upon receipt of a confirmation email from us after filling in the necessary forms and after providing the necessary details as may be required by us at the time of your registration.
- You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the login credentials of your account on the Abbas Optical Platform and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.
3. COMMUNICATION AND UNSUBSCRIPTION
- You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters, and other notifications from us at any time by following the instructions set out in such communications.
4. DISCLAIMER OF WARRANTIES, INACCURACIES, OR ERRORS
We will try to ensure that all information and recommendations, whether in relation to the Products, Services, offerings, or otherwise (hereinafter “Information”) provided as part of this Abbas Optical Platform are correct at the time of inclusion on the Abbas Optical Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information.
- You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. No Information on the Abbas Optical Platform shall constitute an invitation to invest in us or any affiliates. Any use of this Abbas Optical Platform or the Information is at your own risk. Neither we, our affiliates, nor their officers, employees nor agents shall be liable for any loss, damage, or expense arising out of any access to, use of, or Abbas Optical upon, this website, the Information, or any third-party website linked to this Abbas Optical Platform. We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.
- As means to assist the users in identifying the Products of their choice, we provide visual representations on the Abbas Optical Platform including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics, and other visual aids. While reasonable efforts are made to provide an accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to users. The appearance of the Product when delivered may vary for various reasons.
- Nothing contained herein is to be construed as a recommendation to use any Product, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that the use thereof will not infringe any patent, or otherwise.
- We do not covenant or provide any representations and warranties:
- in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Product or pricing information and/or specifications) on Abbas Optical Platform;
- that the Services will be made available at all times; and
- that the operation of Abbas Optical Platform, including the functions contained in any content, information, and materials on Abbas Optical Platform or any third-party sites or services linked to Abbas Optical Platform will be uninterrupted, or that the defects will be rectified, or that Abbas Optical Platform or the servers that make such content, information and materials available are free of viruses or other harmful components.
- THIS ABBAS OPTICAL PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, FOR OURSELF AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE ABBAS OPTICAL PLATFORM, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Disclaimer -To the extent permitted by applicable law, We, our officers, agents, employees, and directors, disclaim any liability against any loss, damage, expenses, liabilities, claims, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorized access, theft, destruction, alteration or use of records on the Abbas Optical Platform.
5. AVAILABILITY AND ACCESSIBILITY OF ABBAS OPTICAL
- Information that we publish on the world wide web may contain references or cross-references to our Products, Programs, and Services that are not announced or available in your country. Such references do not imply that we intend to announce such products, programs, or Services in your country. Consult our local business contact for information regarding the Products, programs, and services that may be available to you.
- We constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges, and lawyer fees from persons using the Abbas Optical Platform fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Abbas Optical Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such an account and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
6. THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES
- In your use of Abbas Optical Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of Abbas Optical Platform or access any other third-party website linked to the Abbas Optical Platform. Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase, or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation, or responsibility for any such correspondence, purchase or promotion, access, or usage of any third-party website and the contract under such instances remains between you and any such third party.
7. COPYRIGHTS IN ABBAS OPTICAL CONTENT
- The Abbas Optical Platform contains material, including text, graphics, and sound, which is protected by copyright and/or other intellectual property rights (“Abbas Optical Content”). All copyright and other intellectual property rights in the Abbas Optical Content are either owned by us or have been licensed to us by the owner(s) of those rights so that it can use the Abbas Optical Content as part of Abbas Optical. We retain copyright on all Information, including text, graphics, and sound, and all trademarks displayed on the Abbas Optical Platform are either owned by or licensed to us.
- You may use and display the Abbas Optical Content on your personal computer only for your personal use subject to the grant of a limited, revocable, personal, non-exclusive, and non-transferable license to you by us when you register on the Abbas Optical Platform, only for identifying Products, carrying out purchases of Products and processing returns and refunds in accordance with our Return and Refund Policy and for using and printing copies of the information on the Abbas Optical Platform for your personal use and store the files on your computer for personal use only and not for business purposes.
- You may not: (a) copy (whether by printing off onto paper, storing on disk, downloading, or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any Abbas Optical Content contained in the Abbas Optical Platform. These restrictions apply in relation to all or part of the Abbas Optical Content available on the Abbas Optical Platform; (b) copy and distribute the Information on any other server, or modify or re-use text or graphics on this system or another system; (c) reproduce any part of the Abbas Optical Platform or sell or distribute the same for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site; (d) remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from Abbas Optical Platform; or (e) link any other material to the Abbas Optical Platform, without our express written consent.
- If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at email@example.com and let us know of your concerns.
All the trade names associated with us and all Products and logos denoted with TM are trademarks or registered trademarks of us or our affiliates. Our trademarks may not be used in connection with any product or service that is not our product or service.
9. LICENSE AND USE OF YOUR CONTENT
- You grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adapt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the Abbas Optical Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim overall feedback, comments, ideas or suggestions or any other content provided through or on the Abbas Optical Platform. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at your request.
- You agree that we do not routinely monitor your postings on Abbas Optical Platform but reserves the right to do so. However, if we become aware of inappropriate use of the Abbas Optical Platform or any of its Services, we will respond in any way that, in its sole discretion, we deem appropriate. You acknowledge that we will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, we will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.
- Submissions and unauthorized use of any materials contained on the Abbas Optical Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations, and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password. As such, you shall indemnify and hold us and our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Abbas Optical Platform or the use of the Abbas Optical Platform by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.
10. USER WARRANTIES AND RESTRICTIONS
- You represent and warrant that: (a) your use of Abbas Optical Platform and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to us in connection with Abbas Optical Platform and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Agreement and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, we will have the right to reject the registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
- You will not do any of the following:
- Delete or modify any content on Abbas Optical Platform, such as any information regarding the Services, their performance, sales, or pricing;
- Use any engine, software, tool, agent, or other mechanisms (such as spiders, robots, avatars, worms, time bombs, etc.) to navigate or search Abbas Optical Platform;
- Make false or malicious statements against the Services, Abbas Optical Platform, or us;
- Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage Abbas Optical Platform and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of Abbas Optical Platform and/or the Services;
- Introduce any trojans, viruses, any other malicious software, any bots or scrape Abbas Optical Platform for any information;
- Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
- Hack into or introduce malicious software of any kind onto Abbas Optical Platform;
- Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or
- Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.
- You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing on or through Abbas Optical Platform, any information that:
- belongs to another person and to which you do not have any right;
- is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
- harms minors in any way;
- infringes any patent, trademark, copyright, or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates or defames another person; or
- contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource.
11. INDEMNIFICATION AND LIMITATION OF LIABILITY
12. APPLICABLE LAW AND JURISDICTION:
13. GRIEVANCE OFFICER:
In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Services being availed hereunder may be directed by you to such grievance officer at the below-mentioned coordinate:
Name: Abbas Ali
Designation: Grievance Officer
Email Address: firstname.lastname@example.org
Registered Office: Abbas Opticals Pvt Ltd. 56, 243, Peter’s Road, Royapettah, Chennai, Tamil Nadu 600014
14. FORCE MAJEURE
We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.
19. NODAL OFFICER
Name: Prabhu Raj
Designation: Nodal Officer
Email Address: email@example.com
Registered Office: Abbas Opticals Pvt Ltd. 56, 243, Peter’s Road, Royapettah, Chennai, Tamil Nadu 600014
PART B – TERMS AND CONDITIONS OF SALE ON ABBAS OPTICAL PLATFORM
The terms and conditions of sale as set out herein (“Terms of Sale”) constitute an agreement between us and you and govern the terms and conditions on which you purchase your Products from us on or through the Abbas Optical Platform. By placing an order for any Product with us or making a purchase of Product, you expressly agree to be bound by these Terms of Sale.
These Terms of Sale are in addition to the Agreement. These Terms of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. OUR CONTRACT OF SALE
- Listing and display of a Product by us on Abbas Optical Platform is our invitation to you to make an offer for the purchase of such Product. Likewise, the placement of an order on Abbas Optical Platform by you is your offer to buy the Product(s) from us.
- Once you have placed an order with us for the purchase of a Product, you will receive an email and/or mobile confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgment that we have received your order and does not signify our acceptance of your offer.
- We only accept your offer and conclude the contract of sale for a Product ordered by you, when the product is shipped or dispatched to you and an e-mail and/or registered mobile number confirmation is sent to you that the Product has been shipped or dispatched to you (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.
- If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.
- Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Abbas Optical Platform in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While we shall make every endeavor to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.
- Your contract is with us and you confirm that the Product(s) ordered by you are purchased for your internal/personal purpose and not for resale or business purposes. Please note that we sell products only in quantities which correspond to the usual requirements of an average household. This applies both to the number of Products ordered within a single order and the placing of several orders for the same Product where the individual orders comprise a quantity typical for a normal household.
- All orders placed on Abbas Optical Platform are subject to the availability of such Product, our acceptance of your offer as per the above, and your continued adherence to these Terms of Sale.
- You hereby authorize us to declare and provide declarations to any governmental authority on request on your behalf, including that the Products ordered by you are for personal, non-commercial use.
2. RETURN AND REFUND
Please review the Returns Policy and Refund Policy of Abbas Optical Platform, which applies to products sold by us.
3. PRODUCT AVAILABILITY
We list availability information for the Products on the relevant webpage of Abbas Optical Platform. Beyond what we say on that webpage or otherwise on Abbas Optical Platform, we cannot be more specific about availability. Please note that dispatch estimates are not guaranteed and should not be relied upon as such. As we process your order, you will be informed by e-mail and/or mobile SMS if any Products you order turn out to be unavailable or out of stock.
4. PRODUCT PRICING
- All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.
- Products in your shopping cart of Abbas Optical Platform will reflect the most recent price as displayed on the Product’s information webpage on Abbas Optical Platform. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may decrease between the time you place it in your shopping cart and the time you place the order. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery.
You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase, or otherwise possess certain Product(s). You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.
You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes.
Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e., persons who are 18 (Eighteen) years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use Abbas Optical Platform and place an order with us. If you are a minor i.e., under the age of 18 (Eighteen) years, you may purchase the Product on Abbas Optical Platform only with the involvement of a parent or guardian.
8. LIMITATION OF LIABILITY
In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.
We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order Product from us unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
10. FORCE MAJEURE
We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.
No provision in these Terms of Sale will be deemed waived and no breach excused unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
12. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Sale, all transactions consummated between you and us, and our relationship with you are governed by the laws of India, without reference to any conflict of laws principles and with exclusive jurisdiction to the courts of Mumbai.
- These Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of the Product.
PART C: TERMS AND CONDITIONS FOR EYE TESTING APPOINTMENT
We offer free computerized eye testing with the help of certified optometrists at our stores.
You will be available to attend in person at the designated premises at the chosen date and time.
- You will be available to attend in person at the designated premises at the chosen date and time.
- You confirm that the information provided by you to us while making the appointment and inputs provided by you to the executive is true and accurate.
- You consent to us contacting you in connection with the eye testing appointment.
The calls made by you for the purpose of booking the eye testing appointment may be recorded by us for quality checking and feedback purposes.
Please note that our executive will not undertake any eye examination and recommend you to an Ophthalmologist in case of the following:
- If the executive is not able to achieve (best-corrected visual acuity) in any eye.
- If the executive sees any abnormality in the cornea or lid (external eye structures) like a scar, excessive redness, discharge, watering which are indicative of infection/injury.
- If your blood sugar or hypertension is not under control.
- If your vision is not improving with a pinhole test.
- If the executive is unable to get a reading with spot vision and also your previous prescription or power of glasses is not available.
- Children below the age of 12 years.
- Cases of glaucoma.
Comprehensive eye test for refraction correction only and not a full eye check that is carried out by an Eye Doctor. The executive shall undertake an elementary eye check which shall be limited to the following:
- External examination of the eye with torchlight.
- Mobility of the eyes indifferent gaze.
- Near the point of convergence assessment.
- Assessment of vision.
- Refractive error assessment.
- Providing prescription.
- Suggesting spectacle lens and frames as per your requirement.
- You may provide us with preferred time slots while making the appointment. While the executive will make reasonable endeavors to schedule the appointment as per your preferred time slot, we cannot guarantee that the executive will arrive on time in each case. If the executive is delayed, he or she will try to contact you within a reasonable time in advance to let you know of any expected delay. From time to time, due to unavoidable reasons, we may also have to reschedule an appointment. In such an event, we will try to reschedule the appointment to another slot as soon as reasonably possible. We will not be responsible to you for any such delay or rescheduling of any appointment. We will not be responsible if we are impaired or stopped from carrying out the eye testing by you for any reason whatsoever or are otherwise unable to carry out the eye testing as a result of any event that is outside our reasonable control.
- You hereby authorize the executive to enter the designated premises (provided by you at the time of making the appointment) for the purpose of conducting the eye test. If the designated premises are not reasonably accessible to the executive, you will have the right to designate an alternate premise, where the eye test may be conducted. We reserve the right to cancel any eye testing appointments which are not reasonably accessible to the executive.
- You agree to provide our executive with a safe working environment, working space, electrical power, and any other facilities required for the purpose of conducting the eye test. You acknowledge that the executive may be an independent contractor or an employee. All our executives are certified Optometrists or Refractionists. You further acknowledge that we will not have any liability or claims that arise out of the actions of the executive. The results of the eye tests are based on the input provided by you and are subject to acceptable variance limits.
- In no event shall we be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment or any other loss incurred in connection with you availing the eye testing appointment. The foregoing limitation shall apply even if we knew of or ought to have known of the possibility of such damages.