TERMS OF USE
These Terms of Use were last updated June 1st 2021.
These Terms of Use (“Terms”) are between you and Essilor Vision Foundation Canada and its partners (“EVFC”, “we” or “us”). These Terms apply to EVFC’s websites, mobile applications and other digital platforms where they are posted, and set forth the terms and conditions upon which EVFC makes such websites, mobile applications and other digital platforms, and their contents, features, products and services (collectively and individually, the “Digital Services”) available to you.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE DIGITAL SERVICES. THESE TERMS CONTAIN PROVISIONS THAT LIMIT YOUR LEGAL RIGHTS, INCLUDING AN ARBITRATION AGREEMENT (SEE SECTION 21 (“DISPUTES WITH EVFC”)), WAIVERS OF CLASS ACTIONS, AND LIMITATIONS ON EVFC’S LIABILITY.
Portions of the Digital Services provide general information about vision, vision care and vision correction. As further described in Section 17, this information is not intended to be a source of or substitute for medical advice. IF YOU SUSPECT THAT YOU HAVE A VISION PROBLEM OR MEDICAL CONDITION REQUIRING ATTENTION, CONTACT A QUALIFIED PROFESSIONAL AS SOON AS POSSIBLE. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
Certain information displayed in the Digital Services may be of an historical nature. All historical information contained in the documents or presentations set out in the Digital Services should be understood as referring to events and circumstances as they existed on the date that the relevant documents or presentations were first published or the relevant recordings were made.
These Terms are a contract between you and EVFC. BY USING OR BROWSING THE DIGITAL SERVICES OR BY CLICKING ON A BUTTON OR BOX MARKED “I AGREE” OR “I ACCEPT” OR BY TAKING OTHER ACTIONS THAT INDICATE YOUR CLEAR ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE DIGITAL SERVICES. We reserve the right at any time, with or without notice, and at our sole and absolute discretion (i) to modify or terminate the Digital Services, or any portion thereof, and (ii) to suspend or terminate your access to the Digital Services or any portion thereof for any reason, including if you violate, or if we have reasonable grounds to suspect that you have violated, these Terms.
We may amend these Terms at any time, with or without notice, and at our sole and absolute discretion, by posting a revised version on the Digital Services. Except as otherwise expressly provided herein, the revised version will be effective at the time we post it. You are responsible for reviewing these Terms for updates.
If the revised version includes a Substantial Change (as defined below), we may provide thirty (30) days’ prior notice of any Substantial Change by posting a notice on the home page of the applicable Digital Services. Where appropriate, such as where you have set up an account, you may be asked to check a box that you agree to the revised version of the Terms when you sign into your account. A “Substantial Change” means a change to the terms of these Terms that materially reduces your rights or increases your responsibilities.
Some Digital Services may be subject to additional terms and conditions, such as click-through agreements that require your acceptance, official rules for promotions, contests, programs, and policies (“Additional Terms”). Such Additional Terms, which are incorporated by reference into these Terms, are intended to supplement, not replace, these Terms. However, to the extent of any conflict between any applicable Additional Terms and these Terms, the Additional Terms will prevail.
EVFC’s use of your information is governed by our Privacy Policy, which is incorporated by reference into these Terms.
Some portions of our Digital Services may permit or require you to create an account. You are responsible for maintaining the confidentiality of your account username and password. You should not permit others to use your account and you may not use anyone else’s account at any time. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We reserve the right to take any and all actions we deem necessary or reasonable to help ensure the security of the Digital Services and your account, including terminating your account. Notwithstanding the above, you are responsible for all activities that occur under your account and we may rely on the authority of anyone accessing your account or using your password. EVFC shall not be liable for any loss or damages resulting from (i) any action or inaction of EVFC under this provision, (ii) any compromise of the confidentiality of your account or password, and/or (iii) any unauthorized access to your account or use of your password.
Conditioned upon your compliance with these Terms, EVFC grants you a limited, revocable, non-exclusive license to access, use and display the Digital Services, and download and print the material on the Digital Services, solely for your non-commercial personal use and for no other purposes unless we specifically and expressly state otherwise. Our mobile applications are subject to the additional license terms and conditions set forth in Section 26 (“Mobile Applications”) below. EVFC reserves all rights in and to the Digital Services (including EVFC mobile applications) not expressly granted to you under these Terms.
The Digital Services may offer opportunities to provide ratings, reviews, participate in an online forum, blog or other service (collectively, the “Online Community”) in which your comments and contributions are available to other users of the Online Community. You must be 18 to participate in our Online Community. Please remember that your User Generated Content may be publicly available and EVFC is under no obligation to treat it as confidential or private.
If you choose to participate in our Online Community, you may post or submit truthful and accurate ratings, reviews, comments, photos, and other content (collectively “User Generated Content”), as allowed for the particular Online Community, so long as your User Generated Content does not violate these Terms, is not illegal, obscene, vulgar, deceptive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, email addresses, URLs, phone numbers, physical addresses or other forms of contact information, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of any User Generated Content. Your conduct should be guided by common sense and basic etiquette.
If we or our representatives provided you with a product, prize or compensation, you must disclose this fact in all User Generated Content. You must also disclose if you are an employee, vendor, supplier or are otherwise connected to EVFC if you are writing about any EVFC product or service in your User Generated Content.
Any opinions, advice, statements or other information provided or made available by third parties in the Online Community are those of the respective authors and not of EVFC. EVFC takes no responsibility and assumes no liability for any User Generated Content posted by you or any third party. You agree that you are responsible for any User Generated Content that you post or submit, and for any consequences thereof. We have the right, but not the obligation, to monitor, edit, to not post and/or to remove any User Generated Content.
Unless we indicate otherwise, if you post or submit User Generated Content, you hereby grant EVFC a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, print, transmit, translate, index, create derivative works from, distribute, display and otherwise exploit such User Generated Content throughout the world in any media or format, now known or hereinafter devised without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any third party. You hereby grant EVFC and its representatives and sublicensees the right to use the screen name or other name that you submit in connection with such User Generated Content, if we or they choose. By submitting User Generated Content, you agree that you are waiving the benefit of any provision of law known as “moral rights” or similar laws or concepts.
You represent and warrant (i) that you own or otherwise control all of the rights in and to your User Generated Content and have all permissions necessary to license the above rights to EVFC; and (ii) that your User Generated Content is accurate, does not violate any applicable law, rule or regulation, does not violate these Terms, and will not cause injury to any person or entity. You agree to indemnify and hold harmless EVFC, its partners, and their directors, officers and employees, successors and assigns from all claims resulting from User Generated Content that you post or submit.
Whenever you provide us with information, including when you create an account, you agree to: (i) provide true, accurate, current and complete information; and (ii) maintain and promptly update such information to keep it true, accurate, current and complete.
You agree not to propose ideas, concepts, methods or techniques for new or proposed services or products through the Digital Services. However, should you do so, you hereby grant to EVFC a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use the content of such communication in any manner whatsoever.
You also agree not to: (i) access or attempt to access any information, documents or material by working around any technical limitations in the Digital Services that limit your use of or access to the Digital Services; (ii) disrupt or interfere with the security of, or otherwise cause harm to, the Digital Services, including systems resources, accounts, passwords, servers or networks connected to or accessible through the Digital Services or any affiliated or linked websites, applications, materials, documents or services; (iii) access or use the Digital Services in any manner that could damage, disable, overburden or impair any server or network; (iv) infringe any intellectual property rights or other rights; (v) post or otherwise submit any software, programs or files that are harmful or disruptive to any equipment, software or other property, including corrupted files, time bombs, Trojan Horses, viruses and worms; (vi) create a false identity for the purpose of misleading EVFC or others or use any EVFC domain name as a pseudonymous return email address; (vii) disrupt, interfere or inhibit any other user from using and enjoying the Digital Services; (vii) violate any applicable laws or regulations related to the access to or use of the Digital Services; (ix) violate these Terms; (x) prepare, compile, scrape, harvest, download or otherwise use or copy any user information, usage information or any other information, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party; (xi) transmit unsolicited or bulk communications to any EVFC account holder or to any EVFC affiliated e-mail address or engage in any chain letters, contests, junk e-mail pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise); (xii) violate the rights (including rights of privacy and publicity) of EVFC or any third party or abuse, defame, harass, stalk or threaten another; and/or (xiii) use any robot, spider, or other such programmatic or automatic device, including automated dial-in or inquiry devices, to obtain information from the Digital Services or otherwise monitor or copy any portion of the Digital Services.
Delays resulting from the carrier are not the responsibility of EVFC. We reserve the right to deny refunds, replacements or exchanges for shipments that are undeliverable or mis-delivered due to your error or the carrier’s error.
We have made every effort on the Digital Services to display the dimensions, features and colors of our products as accurately as possible. However, the colors you see in our products will depend on your monitor or other display and we cannot guarantee that colors will be accurately displayed. We do not warrant that the product descriptions are accurate, complete, reliable, current or error-free.
EVFC will not be liable for typographical errors, including, but not limited to, incorrect prices, on the Digital Services and we reserve the right to refuse or cancel any order or service in the event of a typographical error.
The Digital Services may integrate or contain services and content provided by third parties and may contain links to websites and digital platforms operated by third parties. EVFC does not control and shall have no responsibility or liability for such services, content, websites and digital platforms, which you access and use at your own risk. You should review the terms of use and privacy policy applicable to each service, website and digital platform you access or use.
You are expressly prohibited from framing, linking or otherwise using or displaying the Digital Services so that they appear to be part of your own or someone else’s website or digital platform.
EVFC and other trade names, marks, logos, graphics, and trade dress used on the Digital Services are the trademarks of EVFC or third parties, and may not be used in any manner (including in “meta-tags” or “hidden text”) without our prior written approval. Except where explicitly noted otherwise, all content on the Digital Services is copyrighted and protected under national laws and international treaties throughout the world. You may not copy or use the Digital Services, or any portion thereof, in any manner without our prior written approval. The Digital Services may also contain content that is subject to the copyright and other rights of third parties.
We respect the intellectual property rights of others. If you believe that your work has been posted on the Digital Services in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Digital Services where the material that you claim is infringing is located; (iii) your address, telephone number, and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. EVFC’s designated agent for notice of copyright infringement is:
Attn: Vice-President of Legal Affairs – Canada
EssilorLuxottica Canada Inc.
371, Deslauriers St
St-Laurent QUÉBEC
(514) 337-2943
pbouchard@essilor.ca
It is our policy to terminate in appropriate circumstances account holders who are repeat infringers.
Portions of the Digital Services provide general information about vision, vision care and vision correction. This content is intended for informational purposes only. We do not provide medical advice or professional healthcare advice and the Digital Services should not be used as a source of or substitute for such advice. If you suspect that you have a vision problem or medical condition requiring attention, contact a qualified professional as soon as possible. If you are experiencing a medical emergency, call 911 immediately.
TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, (i) THE DIGITAL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EVFC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE DIGITAL SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT AND WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; (ii) EVFC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE DIGITAL SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED OR ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR THAT DEFECTS WILL BE CORRECTED; (iii) EVFC IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENT THE DIGITAL SERVICES; AND (iv) YOU ASSUME TOTAL AND SOLE RESPONSIBILITY AND RISK FOR YOUR USE OF THE DIGITAL SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSIONS OR LIMITATIONS SET FORTH ABOVE, SO THE ABOVE EXCLSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, IN NO EVENT SHALL EVFC, ITS PARTNERS, EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS AND SUPPLIERS, SUCCESSORS AND ASSIGNS BE RESPONSIBLE OR LIABLE FOR PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS, LOST REVENUES, LOSS OF DATA, LOST BUSINESS OPPORTUNITIES AND/OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING IN ANY WAY TO THE DIGITAL SERVICES, OR UNAUTHORIZED ACCESS TO OR USE OF THE DIGITAL SERVICES OR EVFC’S SERVERS, OR ANY PERSONAL, FINANCIAL OR OTHER INFORMATION STORED THEREON OR IN TRANSIT THERETO, WHETHER BASED IN TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER EVFC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE DIGITAL SERVICES IS TO STOP USING THE DIGITAL SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
Any software and all underlying information and technology downloaded from the Digital Services (collectively the “Software“) by you may be subject to export and/or import controls regulations in Canada and in other countries. You are responsible for complying with all trade regulations and laws, both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any county, or to any person, entity, or end-user subject to Canadian export controls.
You and EVFC agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this Section. Please read this Section 21 carefully. It affects your rights and will impact how claims you and EVFC have against each other are resolved.
We want to learn about and address your concerns and, if we are unable to do so to your satisfaction, provide you with a neutral and cost effective means of resolving any dispute quickly. Please contact us regarding any concerns related to the Digital Services.
You agree that the laws of Québec will govern these Terms and the courts of the judicial district of Montréal shall have exclusive jurisdiction in any matter pertaining to these Terms, irrespective of whether the alleged breach occurs in or outside of Québec, without regard to principles of conflict of laws, and on any claim or dispute that has arisen or may arise between you and EVFC, except as otherwise stated in these Terms. You understand that the Digital Services are directed only to residents of Canada.
You and EVFC each agree that any disagreement or dispute relating to these Terms or arising out of their interpretation or application or in connection with the Digital Services, except for a dispute relating to the enforcement or validity of intellectual property rights shall be subject to mediation. To this end, you and EVFC undertake to participate in at least one mediation meeting by delegating a person with decision-making authority, the mediator will be chosen jointly by the parties. If no agreement is reached within 60 days following the appointment of the mediator, the dispute will be settled definitively by arbitration and excluding the courts, according to the laws of Québec. You and EVFC each may at any time agree on a longer period before submitting the dispute to arbitration. Unless you and EVFC each decide otherwise in an arbitration agreement, the arbitration shall be conducted under the auspices of an arbitrator alone and will be conducted in accordance with the rules of law and the provisions of the Code of Civil Procedure of Québec, in force at the time of this dispute. The arbitration award shall be final, binding and without appeal and binding on the parties. YOU ARE HEREBY EXPRESSIVELY GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE.
You and EVFC agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and EVFC agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other users of the Digital Services. YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS.
The arbitration will be conducted by the Institut de Médiation et d’Arbitrage du Québec (“IMAQ“) under its rules and procedures, as modified by this Agreement to Arbitrate. The IMAQ’s rules are available at www.imaq.org.
The arbitration shall be held in the province in which you reside or at another mutually agreed location. If the value of the relief sought is $5,000 or less, either you or EVFC may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on the other party subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of Québec, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be confidential, final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
iii. Costs of Arbitration.
Payment of all filing, administration, and arbitrator fees will be governed by the IMAQ’s rules.
With the exception of any of the provisions in subsection (i) of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in subsection (i) of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then with respect to actions that would have been covered by subsection (i), the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Terms, including all other provisions of Section 21 (“Disputes with EVFC”), will continue to apply.
Notwithstanding any provision in the Terms to the contrary, you and EVFC agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against EVFC prior to the effective date of the change. Moreover, if we seek to terminate the Agreement to Arbitrate as included in the Terms, any such termination shall not be effective until thirty (30) days after the version of the Terms not containing the Agreement to Arbitrate is posted to the Digital Services, and shall not be effective as to any claim that was filed in a legal proceeding against EVFC prior to the effective date of termination.
To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to the Digital Services, including any claim required to be submitted to arbitration, must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors and assigns.
In addition to your indemnity obligations under Section 8, you agree to indemnify and hold harmless EVFC, its employees, officers, representatives, suppliers and service providers and successors and assigns from any judgment, settlement, loss, liability, damages and costs, including reasonable attorney’s fees, arising from a claim or demand made by any third party due to or arising out of (i) your use of the Digital Services, including any information you provide to EVFC, your User Generated Content, or other information or content submitted or transmitted by you to through the Digital Services; (ii) any use of your password; (iii) any information you download or access from or through the Digital Services; (iv) your interference with the operation of the Digital Services; and (v) any violation by you of these Terms, any rights of any other person or entity, or any applicable laws, rules or regulations.
No delay or failure by EVFC to enforce any of these Terms shall be a waiver of any of our rights under these Terms.
These Terms are the entire understanding and agreement between EVFC and you with respect to the subject matter hereof.
Except as otherwise expressly provided in these Terms, the invalidity or unenforceability of any provision(s) of these Terms shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms is found to be invalid or unenforceable, these Terms shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. The headings used in these Terms are for convenience only, are not a part of this agreement, and do not affect the interpretation of any of the provisions of these Terms. Any reference to the term “includes” or “including” means “includes, without limitation” or “including, without limitation,” respectively.
If you access or use EVFC Digital Services on a mobile device, messaging, data, roaming and other charges may apply. Essilor mobile applications may not work with your device. EVFC mobile applications are subject to the following additional terms:
By downloading, installing or using an EVFC mobile application available through the AppStoreTM store for your Apple mobile device (the “Licensed EVFC Application for iOS”), you agree that your use of such Licensed EVFC Application for iOS is subject to and governed by the Apple Terms and Conditions (available at https://www.apple.com/ca/legal/internet-services/itunes/ca/terms.html), including the Standard EULA (as defined in the Apple Terms and Conditions). In addition, you agree that EVFC and its vendors and service providers may collect, store, and use information obtained from you or your device, including geolocation information and information related to push notifications, to provide services related to the Licensed EVFC Application for iOS. The rights conferred and obligations imposed by the Apple Terms and Conditions are in addition to, and not in lieu of, the rights and obligations established by these Terms, and the Apple Terms and Conditions and these Terms shall be interpreted, to the extent possible, so that there is no conflict between them. If there is any conflict between the Apple Terms and Conditions and these Terms, the Apple Terms and Conditions will control with respect to your use of a Licensed EVFC Application for iOS, except that Section 21 of these Terms (including the applicable law provision in Section 21.b) shall govern any dispute between you and EVFC.
By downloading, installing or using an EVFC mobile application available through the Microsoft® Store for your Windows mobile device (the “Licensed EVFC Application for Windows”), you agree that your use of such Licensed EVFC Application for Windows is subject to and governed by the Microsoft Terms of Sale (available at https://www.microsoft.com/en-ca/store/b/terms-of-sale), including the Standard Application License Terms referenced in the Microsoft Terms of Sale (available at https://www.microsoft.com/en-ca/servicesagreement/#STANDARDAPPLICATIONLICENSETERMS or such other URL as Microsoft may designate from time to time). In addition, you agree that EVFC and its vendors and service providers may collect, store, and use information obtained from you or your device, including geolocation information and information related to push notifications, to provide services related to the Licensed EVFC Application for Windows. The rights conferred and obligations imposed by the Microsoft Terms of Sale are in addition to, and not in lieu of, the rights and obligations established by these Terms, and the Microsoft Terms of Sale and these Terms shall be interpreted, to the extent possible, so that there is no conflict between them. If there is any conflict between the Microsoft Terms of Sale and these Terms, the Microsoft Terms of Sale will control with respect to your use of a Licensed EVFC Application for Windows, except that Section 21 of these Terms (including the applicable law provision in Section 21.b) shall govern any dispute between you and EVFC.
By downloading, installing or using an EVFC mobile application through the Google Play™ store for your Android mobile device (the “Licensed EVFC Application for Android”) you agree that your use of such Licensed EVFC Application for Android is subject to and governed by the Licensed EVFC Application for Android End User License Agreement set forth below. In addition, you agree that EVFC and its vendors and service providers may collect, store, and use information obtained from you or your device to provide services related to the Licensed EVFC Application for Android.
LICENSED EVFC APPLICATION FOR ANDROID
END USER LICENSE AGREEMENT
EVFC’s mobile applications may enable access to services and websites provided by EVFC and/or third parties (collectively and individually, “External Services“). Use of External Services requires Internet access and use of certain External Services may require you to agree to additional terms. Location information provided by the EVFC mobile application or any External Services is for general information or basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage, or other harm. EVFC, its agents, licensors and content providers do not guarantee the availability, accuracy, completeness, reliability, or timeliness of medical information, stock information, location information or any other information or data displayed by EVFC mobile applications or any External Services. EVFC makes no representation that such External Services are appropriate or available for use in any particular location. If you use or access External Services, you do so at your own initiative and risk, and are responsible for compliance with all applicable laws, including local laws. EVFC reserves the right to change, suspend, remove, limit, or disable access to any External Services at any time without notice. In no event will EVFC be liable for the removal of, disabling access to, or limiting use of or access to any such External Services.
EVFC is required to disclose its efforts to eradicate slavery and human trafficking from its direct supply chain for tangible goods offered for sale and sets a high bar for itself regarding sustainability, labor and employment, and it expects the same from its suppliers. Through its partner, Essilor International, EVFC adheres to numerous internally-established policies based on the Ten Principles of the United Nations Global Compact at http://www.unglobalcompact.org/. As of December 31, 2016, EVFC is included in the following indices: DJSI World & Europe, MSCI World ESG & SRI and World Low Carbon Leader, FTSE4Good, STOXX Global ESG Leaders, ECPI indices and Ethibel Sustainability Indexes Excellence Europe & Global. The initiatives behind these indices guide EVFC’s business practices, including its selection and retention of suppliers providing goods or services to its partners worldwide. For more detailed information about Essilor International’s sustainability and transparency policies, see Our Contribution to the Sustainable Development Goals, Essilor Supply Charter, and Sustainability Reports, each available to view and download at http://www.essilor.com/en/Group/Sustainable/Pages/Publications.aspx.
Based on the above description of EVFC’s policies and the efforts of Essilor International through numerous initiatives, EVFC has established robust practices and programs intended to promote global sustainability, as well as compliance with applicable laws regarding slavery and human trafficking in the countries in which it does business.
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Phone: +1 514 337 2943
The Essilor Vision Foundation Canada is registered Canadian charity since 2016 (813857794 RR 0001)
Email: info@seemorebemore.ca
Phone: +1 514 337 2943
Location:
Essilor Vision Foundation Canada, 371 Rue Deslauriers, St-Laurent QC H4N 1W2
