Terms Of Use

Terms of use

This document is an electronic record in terms of the information technology act, 2000 and rules made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This agreement ("Agreement") contains terms and conditions ("Terms" or "Terms of Use") that shall apply to a natural or legal person and who has access to and is using the Platform for Purchasing the Products listed on the Platform or otherwise, including but not limited to such users who have not created a Buyer Account (defined below) and are accessing the Platform without such a Buyer Account.

You are requested to carefully read the terms of this agreement. By registering on the platform as a buyer you hereby indicate your understanding, consent and unconditional acceptance of this agreement and any amendments thereto. By accepting the terms of this agreement, you hereby agree that you are desirous of purchasing the products on or using the platform and you shall abide by all the terms and conditions of this agreement and all other policies, terms of use, as may be issued by the company from time to time, governing the conduct of the buyers on the platform and for use of the platform. If you do not agree to the terms, you may not use this platform.

DEFINITIONS

Capitalised terms defined by inclusion in quotations and/ or parenthesis have the meanings so ascribed; and the following terms shall have the meanings assigned to them herein below:

  • Applicable Law means in respect of a person, any statute, law, regulation, ordinance, rule, judgment, decree, by-law, approval from the concerned authority, government resolution, order, directive, guideline, policy, requirement, or other governmental restriction or any similar form of decision, or determination, or any interpretation or adjudication having the force of law of any of the foregoing, by any concerned authority or other requirements of any governmental or regulatory authority, to which such person is subject;
  • Buyers, You or Your shall mean any registered user who is a natural or legal person and who has access to and is using the Platform for the purpose of buying Products listed on the Platform or otherwise, including but not limited to such users who have not created a Buyer Account and are accessing the Platform without such a Buyer Account;
  • Buyer Account shall mean an electronic account opened by the Buyer with the Platform to purchase the Products offered through the Platform;
  • Chargeback Transaction shall mean those Transactions which are (i) not completed as per the timelines indicated on the Platform; (ii) cancelled anytime prior to the date on which the Products were supposed to be delivered in accordance with the cancellation policies of the Platform; (iii) disputed by the Buyer for not having received the Products as per purchase order/terms & conditions; (iv) identified as Chargeback Transaction(s) in accordance with the policies set out at voeyecare.com.
  • Company, Us, We and/ or Our shall mean voeyecare.com, which is a part of VO Eyecare.
  • Force Majeure Event shall mean any event that is beyond Company’s reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, technical snags, unauthorized access to computer data and storage device, and breach of security and encryption;
  • KYC Guidelines or KYC shall mean the Know Your Customer (KYC) guidelines as set forth under the applicable laws;
  • Platform shall mean and include voeyecare.com, mobile application of the Company, any successor website/applications, any website of the Company’s affiliates, or any other channel facilitated and permitted by the Company;
  • Products shall mean all eyewear products including Eyeglasses, Sunglasses, Power Sunglasses, Kids Eyeglasses, Kids Sunglasses, Computer Glasses, etc., offered by the company for sale on or through the Platform.
  • Prohibited Items means any goods or materials the carriage of which is prohibited by any law, rule, or regulation of any country in or over which the shipment travels, including inter alia the goods which have been declared to be hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), ADR (European Road Transport Regulation on dangerous goods).
  • Terms or Terms of Use or Buyer Agreement shall mean the terms and conditions required to be accepted by the Buyer prior to using the Platform;
  • Transaction Account shall mean the bank account(s) (being the current accounts) opened in the name of the Company wherein the Buyer shall pay and deposit the money for buying the Products for sale on the Platform;
  • Transactions shall mean any transaction of sale of any of the Products, initiated or performed by the Buyer, utilizing the Platform.

Interpretation

  • All references to singular include plural and vice versa, and the word "includes" should be construed as "without limitation".
  • Words importing any gender shall include all the other genders.
  • Reference to any statute, ordinance, or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments, or replacements for the time being in force.
  • All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define, limit, or affect the meaning or interpretation of the terms of this Buyer Agreement.

INTRODUCTION AND SCOPE

  • The Company offers this Platform, including all information and tools available through this Platform to You, being the Buyer, on a non-exclusive basis, and conditional upon Your acceptance of all the terms, policies, and notices stated herein.
  • The Buyer’s use of the Platform, including but not limited to viewing information, acting on such information, and the Transactions that may be implemented through the Platform, is governed by and shall be subject to these Terms, which are subject to change at any time without prior notice to You.
  • Any additional or new features or tools added to the current Platform shall also be subject to the Terms. To ensure awareness of changes, please review this Agreement and all referenced documents periodically.
  • By proceeding further, You confirm that You have read, agreed, and accepted to be bound by any additional guidelines or rules applicable to any particular Products on the Platform ("Additional Documents"), which shall be deemed part of these Terms.
  • In the event of any conflict between this Agreement and any Additional Documents, the Additional Documents shall prevail. If any terms are not acceptable to You, please do not use the Platform.
  • Your continued usage of the Platform after any change constitutes Your acceptance of the amended Agreement.
  • If You continue to browse this Platform, You agree to be bound by the Terms, which along with the Privacy Policy ("Privacy Policy") set out at voeyecare.com, govern Your relationship with Us.
  • You confirm that You have read, agreed, and accepted to be bound by the Privacy Policy, which shall be deemed part of this Buyer Agreement.
  • You declare that the information provided and/or self-certified copies of KYC documents submitted for registration through the Platform are accurate, correct, valid, and subsisting, and shall vest with the Company.
  • You confirm and consent that the documents provided may be used by the Company to ensure compliance with all relevant regulatory and KYC requirements.
  • If You represent an incorporated entity, You confirm that You have been expressly authorized by such entity to consent to this Buyer Agreement, and such entity agrees to be bound by the Terms.
  • You represent to the Company that You have all the experience, applicable licenses, approvals, and registrations for undertaking Your businesses and availing the Platform.

SCOPE OF THE PLATFORM AND FEES

  • The Platform is an e-portal/mobile based application for marketing, availing and selling of the Products. By visiting the Platform and/or buying/agreeing to buy the Products listed on the Platform for the consideration, costs, charges set out at the Platform and invoice issued to You, You agree to be bound by additional terms and conditions and policies as may be applicable to a particular Product which may be sold on the Platform. These Terms applies to all Buyers and other users of the Platform, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of data, content, information, pictorial representations and/or images ("Content").
  • The Buyer shall pay the applicable costs, charges and fees for purchase of the Products (which will be listed at the Platform and the invoice issued to it) through the method/ medium provided at the Platform and as set out at voeyecare.com and the Buyer shall not use any other method for making payments for the Products purchased through the Platform . [Upon initiation of a Transaction, the Company shall be entitled to receive the full payment for the Transaction from the Buyer in the Transaction Account unless otherwise agreed by the Company through other methods/ medium provided at the Platform and as set out at voeyecare.com. All monies, fees, charges, and payments, Transaction amounts collected or paid through the Products are denominated in Indian Rupees and shall be subject to our refund, cancellation and chargeback policy as set out at voeyecare.com .

Exclusion of Liability

You are aware and fully understand that the Platform is only a platform for prospective Buyer/Buyers and that:

  • You shall be responsible for obtaining all applicable licenses, permits, consents, and approvals required in relation to the goods/products/items/pets for which You propose to buy a Product;
  • Company shall not be responsible for dealing with any damage, loss, cancellation, postponement, change, or delay in delivery of the cargo or shipment or courier or mail or freight. The responsibility for communicating, managing, and arranging for damage, loss, cancellation, postponement, change, or delay is not expressly governed by these Terms and the Company is not liable either monetarily or otherwise to the Buyer, for such damage, loss, cancellation, postponement, change, or delay in delivery of the cargo or shipment or courier or mail or freight. You shall abide by our refund, cancellation, and chargeback policies set out at voeyecare.com.

Online Platform Terms

By agreeing to these Terms, You represent that:

  • You are at least the age of majority in Your state or province of residence and You have given Us Your consent to allow any of Your minor dependents to use this Platform, in accordance with applicable laws;
  • You shall not use the Platform for any illegal or unauthorized purpose or for the "Prohibited Uses";
  • You are solely responsible for the Content that You upload, submit, or send to or exchange on the Platform. We shall under no circumstances be responsible for any claims made by a third party in respect thereof;
  • Any fraudulent use of this Platform or applicable payment method for delivery of goods by air, water, or road or otherwise, which causes any monetary loss to the Company as a result of Your action/inaction shall be recovered solely from You. Without prejudice to the above, the Company reserves the right to initiate legal proceedings against You for fraudulent use of this Platform or for any other unlawful act or omission in breach of this Buyer Agreement;
  • In the event of any direct or indirect loss or damage (including reputational damage) suffered by the Company on account of the Content, the Company reserves the right to initiate legal proceedings against You for such damage;
  • We will not be responsible for verifying any Content posted on the Platform. We are not responsible if information made available on the Platform is not accurate or not complete or not current. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary and more accurate sources of information. Any reliance on the material on the Platform is at Your own risk;
  • You also understand and acknowledge that the use of the Platform requires internet/mobile network connectivity. You shall bear the costs incurred to access and use the Platform and We shall not, under any circumstances whatsoever, be responsible or liable for such costs;
  • You shall be solely responsible for all activities undertaken through Your Buyer Account, whether or not You have authorized such activities or actions and shall, at all times, keep the Company indemnified in this regard;
  • You shall be responsible for checking the Content, Product description, and other related information before proceeding to buy a Product on the Platform;
  • You shall take all precautions and steps to ensure that You are not mistaken or misrepresented with the Products offered at the Platform;
  • You shall solely bear and be responsible for the payment of all taxes that become due upon the purchase of Product by You through the Platform, under applicable laws;
  • You shall not use (directly or indirectly) the Platform and other facilities of the Company in any manner or in furtherance of any activity, which constitutes a violation of (i) this Buyer Agreement; and (ii) a violation of any applicable law or regulation or which may cause the Company to be subject to investigation, prosecution, or legal action;
  • You agree and acknowledge that all Transactions and payments related thereto shall be subject to Company’s policies relating to cancellation, chargeback, refund of any Transaction, and redressal and escalation matrix. Also, You agree that Company’s decision in respect of any cancelled Transaction, Chargeback Transaction, cancellation charges, or refund of any Transaction or any cost shall be final and binding upon You;
  • If You are registering as a business entity, You represent that You are duly authorized by the business entity to accept this Buyer Agreement and You have the authority to bind that business entity to this Buyer Agreement;
  • You shall provide all information requested by Us for creation/opening of Your Buyer Account and usage of the Platform;
  • You agree and acknowledge that We are entitled to verify, examine, and process all the information/Content shared by You with Us and We, at Our sole discretion, are entitled to delete, modify, and tweak such information/Content for the Platform.

A breach or violation of any of the Terms the Company reserves the right to immediately terminate and will entitle the Company to report such breach/violation to the law enforcement agencies and initiate legal action against the Buyer for breach of the Terms in accordance with applicable laws.

Description of Service and Products

The Company provides an opportunity for You to purchase the Products from voeyecare.com. Upon placing an order, the Company shall ship the Product to You and will be entitled to its payment for the Services.

  • All Products and information displayed on the Website/s constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as detailed in this Agreement. The Company may accept or reject Your offer in its sole discretion which cannot be contested by You;
  • The Company, to the best of its knowledge, has displayed or attempts to display on the Website/s as accurately as is possible, colours of the Products that is displayed on the Website/s. However, the colours visible to You is solely dependent on your computer or Mobile Screens. Hence, no guarantee is provided by the Company regarding your visibility of the colours on the Website/s or other Mobile Mediums;
  • The Company does not provide any warranty or guarantee that the Product descriptions are accurate, complete, reliable, current, or error-free. If a Product offered by the Website/s is not as described, Your sole remedy is to return it in unused, unsoiled, and resale condition.

Buyer’s Obligation and Covenants Towards the Products

In addition to Buyer’s other covenants in this Agreement, by ordering Product/s on the Website/s You acknowledge and agree that:

  • Buyer have a written and valid prescription from a doctor regarding their prescription glasses and the information supplied to the Company will be accurate;
  • Buyer consent to the Company contacting their doctor to verify the authenticity of the prescription if required;
  • That any non-delivery or wrong delivery of the Products by the Company due to error in the information provided by Buyer, then, any re-delivery cost in addition to the initial cost will be billed to the Buyer;
  • All information provided by the Buyer including their contact details, name and address, bank or credit card details are theirs and authentic and there is no misrepresentation or fraudulent act from their end;
  • That before placing an order Buyer will check the Product description carefully. By placing an order for a Product Buyer agree to be bound by the conditions of sale included in the item's description.

General Conditions

  • We reserve the right to refuse to not facilitate purchasing of the Products on the Platform to anyone (without assigning any reason), including You, 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;
  • The Buyer (if individual) hereby represents and confirms that the Buyer is of sound mind;
  • The Buyer must ensure the availability of sufficient funds (including service charges thereon, if any) before initiating any Transaction;
  • You acknowledge that certain parts of this Platform are available only if You register on this Platform by following the registration process therein;
  • The headings used in this Buyer Agreement are included for convenience only and will not limit or otherwise affect these Terms.

Prohibited Uses

You acknowledge that as a Buyer it is also Your responsibility to ensure that at no point You buy a Product on the Platform in relation to the Prohibited Item.

In addition to other prohibitions as set forth herein, You are prohibited from using the Platform:

  • for any unlawful or fraudulent purpose;
  • to solicit others to perform or participate in any unlawful acts;
  • to violate any local, international, federal, provincial or state regulations, rules, laws, or any applicable ordinances;
  • to infringe upon or violate Our intellectual property rights;
  • to harass, abuse, insult, harm, defame, slander, libel, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information;
  • 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 any related Platform, other Platforms, or the internet;
  • to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • for any obscene or immoral purpose;
  • to interfere with or circumvent the security features of any related Platform, other Platforms, or the internet.

We reserve the right to terminate Your use of the Platform for violating any of the prohibited uses set hereinabove.