Terms and Conditions of
Use
Part A: New version - effective as of 15
January 2020
PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY!
Welcome to www.AALens.com and www.AALens.net! These Terms of
Use describe the terms and conditions applicable to your access and use of the
websites, mobile sites, mobile applications and other portals owned, operated,
branded or made available by AALens.com (defined below) from time to time which
relate to (a) the AALens.com e-commerce platform including but not limited
to the web and mobile-optimized versions of the websites identified by the
uniform resource locator “www.AALens.com” and the mobile
applications of the AALens.com e-commerce platform (the
“AALens Sites”); and (b) the AALens.net e-commerce platform including but not
limited to the web and mobile-optimized versions of the websites identified by
the uniform resource locators “www.AALens.net”, (“AALens.Net Sites”), and
the mobile applications of the AALens.net e-commerce platforms,(with AALens.com Sites and AALens.net Sites collectively the
“Sites”). This document is a legally binding agreement between you as the
user(s) of the Sites (referred to as “you”, “your” or “User” hereinafter) and
the AALens.com contracting entity determined in accordance with clause 2.1 below
(referred to as “we”, “our” or “AALens.com” hereinafter).
1. Application and Acceptance of the Terms
1.1 Your access to and use of the Sites and AALens.com’s services,
software and products through the Sites, which shall include the platforms
described in clause 7.1 of the Terms (such services, software and products
collectively referred to as the “Services” hereinafter) is subject to
the terms and conditions contained in this document as well as the Privacy
Policy (defined in clause 3.3 below), the Product Listing Policy and any other rules and
policies of the Sites that AALens.com may publish from time to time. The
Promotion Services referred to in the Free Membership
Agreement shall include Top Ranking and Sponsored Listing and any such other
Services as may be announced by AALens.com from time to time. This
document and such other rules and policies of the Sites are collectively
referred to below as the “Terms”. By accessing and use of the
Sites and Services, you agree to accept and be bound by the Terms. Please
do not access or use the Services or the Sites if you do not accept all of the
Terms.
1.2 You may not access or use the Services or the Sites and may
not accept the Terms if (a) you are not of legal age to form a binding contract
with AALens.com, or (b) you are not permitted to receive any Services under the
laws of countries / regions including the country / region in which you are
resident or from which you access and use the Services and the Sites.
1.3 AALens.com may amend any Terms at any time by posting the
relevant amended and restated Terms on the Sites. By continuing to access
or use the Services or the Sites, you agree that the amended and restated Terms
will apply to you.
1.4 If AALens.com has posted or provided a translation of the
English language version of the Terms, you agree that the translation is
provided for convenience only and that the English language version will govern
your access to and use of the Services or the Sites.
1.5 You may be required to enter into separate agreement(s),
whether online or offline, with AALens.com or our affiliate for any Service (or
features within the Services) (each an “Additional Agreement”). If
there is any conflict or inconsistency between the Terms and an Additional
Agreement, the Additional Agreement shall take precedence over the Terms only
in relation to that Service (or feature within the Service) concerned.
1.6 The Terms may not otherwise be modified except in writing by
an authorized officer of AALens.com.
2. Provision of Services
2.1 If you are a registered member of any of the Sites, and you
are and either (a) you are from a place outside Singapore; or
(b) you access and use the AALens Sites from any of the Relevant
Jurisdictions, you are contracting with AALens.com Singapore (operating under
Eye-Biz Pte Ltd incorporated in Singapore with Company Reg. No. 20001216C).
As some or part of the Services may be supported and provided by
affiliates of AALens.com, AALens.com may delegate some of the Services to its
affiliates.
Notwithstanding anything to the contrary in the forgoing
provisions in this clause 2.1, if you are a registered member of AALens.net,
and you are resident in or access and use the AALens.net Sites from any of the
Relevant Jurisdictions (the “AALens.net Relevant Jurisdiction User”),
your contract is with AALens.net Singapore (operating under Eye-Biz Pte Ltd incorporated
in Singapore with Company Reg. No. 20001216C).
2.2 You must register as a member on the Sites in order to access
and use some Services. Further, AALens.com reserves the right, without prior
notice, to restrict access to or use of certain Services (or any features
within the Services) to paying Users, or subject to other conditions that AALens.com
may impose in our discretion.
2.3 Services (or any features within the Services) may vary for
different regions and countries. No warranty or representation is given that a
particular Service or feature or function thereof or the same type and extent
of the Service or features and functions thereof will be available for Users. AALens.com
may in our sole discretion limit, deny or create different levels of access to
and use of any Services (or any features within the Services) with respect to
different Users.
2.4 AALens.com may launch, change, upgrade, impose conditions to,
suspend, or stop any Services (or any features within the Services) without
prior notice except that in case of a fee-based Service, such changes will not
substantially adversely affect the ability of such paying Users to enjoy that
Service, except in respect of any AALens.net Relevant Jurisdiction Users.
In respect of any AALens.net Relevant Jurisdiction Users, AALens.net Singapore
may launch, change, upgrade, impose conditions to, suspend, or stop any
Services (or any features within the Services) without prior notice except that
in case of a fee-based Service, such changes will not substantially adversely
affect the ability of such paying Users to enjoy that Service.
2.5 Some Services (or part thereof) may be provided by AALens.com’s affiliates on behalf of AALens
3. Users Generally
3.1 As a condition of your access to and use of the Sites or
Services, you agree that you will comply with all applicable laws and
regulations when accessing or using the Sites or Services.
3.2 You agree that (a) you will not copy, reproduce, download,
re-publish, sell, distribute or resell any Services or any information, text,
images, graphics, video clips, sound, directories, files, databases or
listings, etc. available on or through the Sites (the “Site Content”), and (b)
you will not copy, reproduce, download, compile or otherwise use any Site
Content for the purposes of operating a business that competes with AALens.com,
or otherwise commercially exploiting the Site Content. Systematic retrieval of
Site Content from the Sites to create or compile, directly or indirectly, a
collection, compilation, database or directory (whether through robots,
spiders, automatic devices or manual processes) without written permission from
AALens.com is prohibited. Use of any content or materials on the Sites for any
purpose not expressly permitted in the Terms is prohibited.
3.3 You must read the following documents which govern the
protection and use of personal information about Users in the possession of AALens.com
and our affiliates:
a) for Users who access or use Sites relating to the AALens
e-commerce platform, the AALens.com Privacy Policy, and
b) for Users who access or use Sites relating to the AALens.net e-commerce platforms,
the AALens.net Privacy Policy,
3.4 AALens.com may allow Users to access to content, products or
services offered by third parties through hyperlinks (in the form of word link,
banners, channels or otherwise), API or otherwise to such third parties' web
sites. You are cautioned to read such web sites' terms and conditions and/or
privacy policies before using the Sites. You acknowledge that AALens.com has no
control over such third parties' web sites, does not monitor such web sites,
and shall not be responsible or liable to anyone for such web sites, or any
content, products or services made available on or through such web sites.
3.5 You agree not to undertake any action to undermine the
integrity of the computer systems or networks of AALens.com and/or any other
User nor to gain unauthorized access to such computer systems or networks.
3.6 You agree not to undertake any action which may undermine the
integrity of AALens.com’s feedback system, such as leaving positive feedback
for yourself using secondary Member IDs or through third parties or by leaving
unsubstantiated negative feedback for another User.
3.7 By posting or displaying any information, content or material
(“User Content”) on the Sites or providing any User Content to AALens.com or
our representative(s), and to the extent permitted under applicable laws, you
grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable
(through multiple tiers) license to AALens.com to display, transmit,
distribute, reproduce, publish, duplicate, adapt, modify, translate, create
derivative works, and otherwise use any or all of the User Content in any form,
media, or technology now known or not currently known in any manner and for any
purpose which may be beneficial to AALens.com, the operation of the Sites, the
provision of any Services and/or the business of the User. You confirm and
warrant to AALens.com that you have all the rights, power and authority
necessary to grant the above license. Information that is protected under data
protection laws will only be used and kept in compliance with those laws.
4. Member Accounts
4.1 User must be registered on the Sites to access or use some
Services (a registered User is also referred to as a “Member” below).
Except with AALens.com’s approval, one User may only register one member
account on the Sites. AALens.com may cancel or terminate a User’s member
account if AALens.com has reasons to suspect that the User has concurrently
registered or is in control of two or more member accounts. Further, AALens.com
may reject User’s application for registration for any reason.
4.2 Upon registration on the Sites, AALens.com shall assign an
account and issue a member ID and password (the latter shall be chosen by a
registered User during registration) to each registered User. An account may
have a web-based email account with limited storage space for the Member to
send or receive emails.
4.3 A set of Member ID and password is unique to a single account.
Each Member shall be solely responsible for maintaining the confidentiality and
security of your Member ID and password and for all use of and activities that
occur under your account (whether such use or activities are authorized or
not). No Member may share, assign, or permit the use of your Member account, ID
or password by another person, even to other individuals within the Member’s
own business entity (where applicable). Member agrees to notify AALens.com immediately
if you become aware of any unauthorized use of your password or your account or
any other breach of security of your account.
4.4 Member agrees that all use of the Sites and Services, and all
activities that occur under your account (including without limitation, posting
any company or product information, clicking to accept any Additional
Agreements or rules, subscribing to or making any payment for any services,
sending emails using the email account or sending SMS) will be deemed to have been
authorized by the Member.
4.5 Member acknowledges that sharing of your account with other
persons, or allowing multiple users outside of your business entity to use your
account (collectively, "multiple use"), may cause irreparable
harm to AALens.com or other Users of the Sites. Member shall indemnify AALens.com,
our affiliates, directors, employees, agents and representatives against any
loss or damages (including but not limited to loss of profits) suffered as a
result of the multiple use of your account. Member also agrees that in case of
the multiple use of your account or Member’s failure to maintain the security
of your account, AALens.com shall not be liable for any loss or damages arising
from such a breach and shall have the right to suspend or terminate Member’s
account without liability to the Member.
5. Member’s Responsibilities
5.1 Each Member represents, warrants and agrees that (a) you have
full power and authority to accept the Terms, to grant the license and
authorization and to perform the obligations hereunder; (b) your access and use
the Sites and Services will be for business purposes only; and (c) for Members
who are business entities, the address you provide when registering is the
principal place of business of your business entity. For purposes of this
provision, a branch or liaison office will not be considered a separate entity
and your principal place of business will be deemed to be that of your head
office.
5.2 Member will be required to provide information or material
about your entity, business or products/services as part of the registration
process on the Sites for your access to and use of any Service or the member
account. Each Member represents, warrants and agrees that (a) such
information and material whether submitted during the registration process or
thereafter throughout the continuation of the use of the Sites or Service is
true, accurate, current and complete, and (b) you will maintain and promptly
amend all information and material to keep it true, accurate, current and
complete.
5.3 Upon becoming a Member, you consent to the
inclusion of the contact information about you in our database and authorize AALens.com
and our affiliates to share the contact information with other Users or
otherwise use your personal information in accordance with the Privacy
Policy.
5.4 Each Member represents, warrants and agrees that (a) you shall
be solely responsible for obtaining all necessary third party licenses and
permissions regarding any User Content that you submit, post or display; (b)
any User Content that you submit, post or display does not infringe or violate
any of the copyright, patent, trademark, trade name, trade secrets or any other
personal or proprietary rights of any third party (“Third Party Rights”);
(c) you have the right and authority to sell, trade, distribute or export or
offer to sell, trade, distribute or export the products or services described
in the User Content and such sale, trade, distribution or export or offer does
not violate any Third Party Rights and (d) you and your affiliates are not the
subject of any trade restrictions, sanctions or other legal restrictions
enacted by any country, international organization or jurisdiction.
5.5 Each Member further represents, warrants and agrees that the
User Content that you submit, post or display shall:
a)
be true, accurate, complete and lawful;
b) not be false, misleading or deceptive;
c) not contain information that is defamatory, libellous, threatening or
harassing, obscene, objectionable, offensive, sexually explicit or harmful to
minors;
d) not contain information that is discriminatory or promotes discrimination
based on race, sex, religion, nationality, disability, sexual orientation or
age;
e) not violate the Product Listing Policy, other Terms or any applicable
Additional Agreements
f) not violate any applicable laws and regulations (including without
limitation those governing export control, consumer protection, unfair
competition, or false advertising) or promote any activities which may violate
any applicable laws and regulations;
g) not contain any link directly or indirectly to any other web Sites which
includes any content that may violate the Terms.
5.6 Each Member further represents, warrants and agrees that you
shall/are:
a)
carry on your activities on the Sites in compliance with any applicable laws
and regulations;
b) conduct your business transactions with other users of the Sites in good
faith;
c) carry on your activities in accordance with the Terms and any applicable
Additional Agreements;
d) not use the Services or Sites to defraud any person or entity (including
without limitation sale of stolen items, use of stolen credit/debit cards);
e) not impersonate any person or entity, misrepresent yourself or your
affiliation with any person or entity;
f) not engage in spamming or phishing;
g) not engage in any other unlawful activities (including without limitation
those which would constitute a criminal offence, give rise to civil liability, etc.)
or encourage or abet any unlawful activities;
h) not involve attempts to copy, reproduce, exploit or expropriate AALens.com’s
various proprietary directories, databases and listings;
i) not involve any computer viruses or other destructive devices and codes that
have the effect of damaging, interfering with, intercepting or expropriating
any software or hardware system, data or personal information;
j) not involve any scheme to undermine the integrity of the data, systems or
networks used by AALens.com and/or any user of the Sites or gain unauthorized
access to such data, systems or networks;
k) not, and your director(s), officer(s), controlling party/ies, affiliates and
legal jurisdiction in which any of the foregoing persons or entities is
organized or has operations are not, persons or entities that are subject to
any economic or fraud sanctions of any governmental, international or
regulatory entities; and
l) not engage in any activities that would otherwise create any liability for AALens.com
or our affiliates.
5.7 Member may not use the Sites, Services or member account to
engage in activities which are identical or similar to AALens.com’s e-commerce
marketplace business.
5.8 If Member provides a business referee, Member represents,
warrants and agrees that you have obtained all necessary consents, approvals
and waivers from such referee to (a) act as your business referee; (b) post and
publish their contact details and information, reference letters and comments
on their behalf; and (c) that third parties may contact such business referees
to support claims or statements made about you. You further warrant and agree
that all reference letters and comments are true and accurate and third parties
may contact the business referees without the need to obtain your consent.
5.9 Member agrees to provide all necessary information, materials
and approval, and render all reasonable assistance and cooperation necessary
for AALens.com’s provision of the Services, evaluating whether Member has
breached the Terms and/or handling any complaint against the Member. If
Member’s failure to do so results in delay in, or suspension or termination of,
the provision of any Service, AALens.com shall not be obliged to extend
the relevant service period nor be liable for any loss or damages arising out
of or in connection with such delay, suspension or termination.
5.10 Member acknowledges and agrees that AALens.com reserves the
right to, but shall not be required to actively monitor or exercise any
editorial control whatsoever over the content of any message or material or
information (including User Content) created, obtained or accessible through
the Services or Sites. AALens.com does not endorse, verify or otherwise certify
the contents of any comments or other material or information (including User
Content) created, submitted, posted, displayed or otherwise made by any Member.
Each Member is solely responsible for the contents of their communications and may
be held legally liable or accountable for the content of their comments or
other material or information
5.11 Member acknowledges and agrees that the Sites and Services
may only be used by businesses and their representatives for business use and
not for individual consumers or for personal use.
5.12Member acknowledges and agrees that each Member is solely
responsible for observing applicable laws and regulations in its respective
jurisdictions to ensure that all access and use of the Site and Services are in
compliance with the same.
6. Breaches by Members
6.1 AALens.com reserves the right in our sole discretion to
remove, modify or reject any User Content that you submit to, post or display
on the Sites which we reasonably believe is unlawful, violates the Terms, could
subject AALens.com or our affiliates to liability, or is otherwise found
inappropriate in AALens.com’s sole discretion.
6.2 If any Member breaches any Terms, or if AALens.com has
reasonable grounds to believe that a Member is in breach of any Terms, AALens.com
shall have the right to take such disciplinary actions as it deems appropriate,
including without limitation: (i) suspending or terminating the Member’s
account and any and all accounts determined to be related to such account by AALens.com
in its sole discretion without liability for any losses or damages arising out
of or in connection with such suspension or termination; (ii) restricting,
downgrading, suspending or terminating the subscription of, access to, or
current or future use of any Service; (iii) removing any product listings or
other User Content that the Member has submitted, posted or displayed, or
imposing restrictions on the number of product listings or User Content that
the Member may post or display; (iv) imposing other restrictions on the
Member’s use of any features or functions of any Service as AALens.com may
consider appropriate in its sole discretion; and (v) any other corrective
actions, discipline or penalties as AALens.com may deem necessary or appropriate
in its sole discretion.
6.3 Without limiting the generality of the provisions of the
Terms, a Member would be considered as being in breach of the Terms in any of
the following circumstances:
a)
upon complaint or claim from any third party, AALens.com has reasonable grounds
to believe that such Member has wilfully or materially failed to perform your
contract with such third party including without limitation where a Member who
supplies products or services using the Sites and Services has failed to
deliver any items ordered by such third party after receipt of the purchase
price, or where the items such Member has delivered materially fail to meet the
terms and descriptions outlined in your contract with such third party,
b) AALens.com has reasonable grounds to suspect that such Member has used a
stolen credit card or other false or misleading information in any transaction
with a counter party,
c) AALens.com has reasonable grounds to suspect that any information provided
by the Member is not current or complete or is untrue, inaccurate, or
misleading, or
d) AALens.com believes that the Member’s actions may cause financial loss or
legal liability to AALens.com or our affiliates or any other Users.
6.4 AALens.com reserves the right to cooperate fully with
governmental or regulatory authorities, law enforcement bodies, private
investigators and/or injured third parties in the investigation of any
suspected criminal or civil wrongdoing. Further, to the extent permitted
by applicable laws and policies, AALens.com may disclose the Member's identity,
contact information and/or information regarding the Member's account(s),
transactions or activities carried out on or via the Site, if requested by a
government, regulatory or law enforcement body or an injured third party, or as
a result of a subpoena or other legal action. AALens.com shall not be
liable for damages or results arising from such disclosure, and Member agrees
not to bring any action or claim against AALens.com for such disclosure.
6.5 AALens.com may, at any time and in our reasonable discretion,
impose limitations on, suspend or terminate the Member’s use of any Service or
the Sites without being liable to the Member if AALens.com has received notice
that the Member is in breach of any agreement or undertaking with any affiliate
of AALens.com and such breach involves or is reasonably suspected to involve
dishonest or fraudulent activities. AALens.com reserves the right to, but shall
not be required to investigate such breach or request confirmation from the
Member.
6.6 Each Member agrees to indemnify AALens.com, our affiliates,
directors, employees, agents and representatives and to hold them harmless,
from any and all damages, losses, claims and liabilities (including legal costs
on a full indemnity basis) which may arise from your submission, posting or
display of any User Content, from your access to or use of the Sites or
Services, or from your breach of the Terms or any Additional Agreements.
6.7 Each Member further agrees that AALens.com is not responsible,
and shall have no liability to you or anyone else for any User Content or other
material transmitted through the Sites or Services, including fraudulent,
untrue, misleading, inaccurate, defamatory, offensive or illicit material and
that the risk of damage from such User Content or other material rests entirely
with the Member. AALens.com reserves the right, at our own expense, to assume
the exclusive defence and control of any matter otherwise subject to
indemnification by the Member, in which event the Member shall cooperate with AALens.com
in asserting any available defences.
7. Transactions between Buyers and Sellers
(where applicable)
7.1 Through the Sites, AALens.com provides electronic web-based
platforms for exchanging information between buyers and sellers of products and
services. AALens.com additionally provides electronic web-based
transaction platforms for Members to place, accept, conclude, manage and fulfil
orders for the provision of products and services online within the Sites
subject to the terms of the Transaction Services
Agreement. However, for any Services, AALens.com does not represent
either the seller or the buyer in specific transactions. AALens.com does not
control and is not liable or responsible for the quality, safety, lawfulness or
availability of the products or services offered for sale on the Sites, the
ability of the sellers to complete a sale or the ability of buyers to complete
a purchase.
7.2 Users are hereby made aware that there may be risks of dealing
with people acting under false pretences. AALens.com uses several techniques to
verify the accuracy of certain information our paying Users provide us when
they register for a paying membership service on the Sites. However,
because user verification on the Internet is difficult, AALens.com cannot and
does not confirm each User's purported identity (including, without limitation,
paying Members). We encourage you to use various means, as well as common
sense, to evaluate with whom you are dealing.
7.3 Buyers and sellers accessing or using the Sites or Services
shall assume the risks of conducting any purchase and sale transactions in
connection with or through the Sites or Services. Buyer and sellers accessing
or using the Site or Services shall also fully assume all risks of liability or
harm of any kind arising out of or in connection with any subsequent activity
relating to the products or services that are the subject of the transactions
on the Sites. Examples of such risks shall include, but are not limited to, misrepresentation
of products and services, fraudulent schemes, unsatisfactory product quality,
failure to meet specifications, defective or dangerous products, unlawful
products, delay or default in delivery or payment, cost miscalculations, breach
of warranty, breach of contract, transportation accidents, the risk that the
manufacture, importation, export, distribution, offer, display, purchase, sale
and/or use of products or services offered or displayed on the Sites may
violate or may be asserted to violate Third Party Rights, and the risk that
Users may incur costs of defence or other costs in connection with third
parties’ assertion of Third Party Rights, or in connection with any claims by
any party that they are entitled to defence or indemnification in relation to
the assertion of rights, demands or claims by claimants of Third Party Rights.
Examples of such risks also include the risk of claims from consumers, other
purchasers, end-users of products or other third parties that they have
suffered injuries or harm from their use of the products obtained through the
Sites or Services. All of the foregoing risks are referred to as
"Transaction Risks". AALens.com is not liable or responsible for any
damages, claims, liabilities, costs, harm, inconveniences, business disruptions
or expenditures of any kind that may arise a result of or in connection with
any Transaction Risks.
7.4 Buyers and sellers on the Sites are solely responsible for
setting out and performance of the terms and conditions of the transactions
conducted on, through or as a result of use of the Sites or Services,
including, without limitation, terms regarding payment, returns, warranties,
shipping, insurance, fees, taxes, title, licenses, fines, permits, handling,
transportation and storage, subject to any additional obligations imposed under
the Transaction Services Agreement (and
in particular, clause 3.2).
7.5 User agrees to provide all information and materials as may be
reasonably required by AALens.com in connection with your transactions
conducted on, through or as a result of use of the Sites or Services. AALens.com
has the right to suspend or terminate any User’s account if the User fails to
provide the required information and materials without liability for any losses
or damages arising out of or in connection with such suspension or termination.
7.6
In the event that any User has a dispute with any party to a transaction, such
User agrees to release and indemnify AALens.com (and our agents, affiliates,
directors, officers and employees) from all claims, demands, actions,
proceedings, costs, expenses and damages (including without limitation any
actual, special, incidental or consequential damages) arising out of or in
connection with such dispute or the transaction.
8. Limitation of Liability
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED
BY AALENS.COM ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS
AVAILABLE" AND “WITH ALL FAULTS”, AND AALENS.COM HEREBY EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY,
RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH
WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, AALENS.COM MAKES NO
REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS,
RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION
PROVIDED ON OR THROUGH THE SITES; AALENS.COM DOES NOT REPRESENT OR WARRANT THAT
THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE,
SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES
NOT VIOLATE ANY THIRD PARTY RIGHTS; AND AALENS.COM MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED
ON THE SITES.
8.3 Any material downloaded or otherwise obtained through the
Sites or Services is done at each User's sole discretion and risk and each User
is solely responsible for any damage to its own or to AALens.com’s computer
system(s) or any loss of data that may result from the download of any such
material. No advice or information, whether oral or written, obtained by any
User from AALens.com or through or from the Sites shall create any warranty not
expressly stated herein.
8.4 The Sites may make available to User services or products
provided by independent third parties. No warranty or representation is
made with regard to such services or products. In no event shall AALens.com
or our affiliates be held liable for any such services or products.
8.5 Each User hereby agrees to indemnify and save AALens.com, our
affiliates, directors, officers and employees harmless, from any and all
losses, claims, liabilities (including legal costs on a full indemnity basis)
which may arise from such User's access to or use of the Sites or Services
(including but not limited to the display of such User's information on the
Sites) or from your breach of any of the terms and conditions of the Terms.
Each User hereby further agrees to indemnify and save AALens.com, our
affiliates, directors, officers and employees harmless, from any and all
losses, damages, claims, liabilities (including legal costs on a full indemnity
basis) which may arise from User's breach of any representations and warranties
made by User to AALens.com, including but not limited to those set forth in
clause 5 hereunder.
8.6 Each User hereby further agrees to indemnify and save AALens.com,
our affiliates, directors, officers and employees harmless, from any and all
losses, damages, claims, liabilities (including legal costs on a full indemnity
basis) which may arise, directly or indirectly, as a result of any claims
asserted by Third Party Rights claimants or other third parties relating to
products offered or displayed on the Sites. Each User hereby further agrees
that AALens.com is not responsible and shall have no liability to you, for any
material posted by others, including defamatory, offensive or illicit material
and that the risk of damages from such material rests entirely with each User. AALens.com
reserves the right, at our own expense, to assume the exclusive defence and
control of any matter otherwise subject to indemnification by you, in which
event you shall cooperate with AALens.com in asserting any available defences.
8.7 AALens.com shall not be liable for any special, direct,
indirect, punitive, incidental or consequential damages or any damages
whatsoever (including but not limited to damages for loss of profits or
savings, business interruption, loss of information), whether in contract,
negligence, tort, equity or otherwise or any other damages resulting from any
of the following:
a)
the use or the inability to use the Sites or Services;
b) any defect in goods, samples, data, information or services purchased or
obtained from a User or any other third party through the Sites or Services;
c) violation of Third Party Rights or claims or demands that User's
manufacture, importation, exportation, distribution, offer, display, purchase,
sale and/or use of products or services offered or displayed on the Sites or
through the Services may violate or may be asserted to violate Third Party
Rights; or claims by any party that they are entitled to defense or
indemnification in relation to assertions of rights, demands or claims by Third
Party Rights claimants;
d) unauthorized access by third parties to data or private information of any
User;
e) statements or conduct of any User of the Sites or Services; or;
f) any matters relating to the Sites or Services, however arising, including
negligence.
8.8 Notwithstanding any of the foregoing provisions, the aggregate
liability of AALens.com, our employees, agents, affiliates, representatives or
anyone acting on our behalf with respect to each User for all claims arising
from the access to or use of the Sites or Services during any calendar year
shall be limited to the greater of (a) the amount of fees the User has paid to AALens.com
in exchange for the access to or use of the Site or Services during the
calendar year and (b) the maximum amount permitted under the applicable law.
The preceding sentence shall not preclude the requirement by the User to prove
actual damages. All claims arising from the use of the Sites or Services must
be filed within one (1) year from the date the cause of action arose or such
longer period as prescribed under the applicable law governing the Terms.
8.9 The limitations and exclusions of liability to you under the Terms
shall apply to the maximum extent permitted by law and shall apply whether or
not AALens.com has been advised of or should have been aware of the possibility
of any such losses arising.
9. Force Majeure
9.1 Under no circumstances shall AALens.com be held liable for any
delay or failure or disruption of the content or the Services accessed or
delivered through the Sites resulting directly or indirectly from acts of
nature, forces or causes beyond our reasonable control, including without
limitation, Internet failures, computer, telecommunications or any other
equipment failures, electrical power failures, strikes, labour disputes, riots,
insurrections, civil disturbances, shortages of labour or materials, fires,
flood, storms, explosions, acts of God, war, governmental actions, orders of
domestic or foreign courts or tribunals or non-performance of third parties.
10. Intellectual Property Rights
10.1 AALens.com is the sole owner or lawful licensee of all the
rights and interests in the Sites and the Site Content. The Sites and Site
Content embody trade secrets and other intellectual property rights protected
under worldwide copyright and other laws. All title, ownership and intellectual
property rights in the Sites and Site Content shall remain with AALens.com, our
affiliates or licensors, as the case may be. All rights not otherwise claimed
under the Terms or by AALens.com are hereby reserved.
10.2 "AALENS", "AALENS.COM", “AALENS.NET” and
related icons and logos are registered trademarks or trademarks or service
marks of Eye-Biz Pte Ltd. The unauthorized copying, modification, use or
publication of these marks is strictly prohibited.
10.3 AALens.com may have independent third parties involved in the
provision of the Sites or Services (e.g., the authentication and verification
service providers). You may not use any trademark, service mark or logo
of such independent third parties without prior written approval from such
parties.
11. Notices
11.1 All legal notices or demands to or upon AALens.com shall
be made in writing and sent to AALens.com personally, by courier or certified
mail to the following entity and address: AALens.com (as the case maybe), 70 MacPherson Road, PO Box 1055 Singapore 913411 Attn: Legal Department. The
notices shall be effective when they are received by AALens.com in any of the
above-mentioned manner.
11.2 All legal notices or demands to or upon a User shall be
effective if either delivered personally, sent by courier, certified mail, by
facsimile or email to the last-known correspondence, fax or email address
provided by the User to AALens.com, or by posting such notice or demand on an
area of the Sites that is publicly accessible without a charge. Notice to a
User shall be deemed to be received by such User if and when:
a) AALens.com is able to demonstrate that communication, whether
in physical or electronic form, has been sent to such User, or
b) immediately upon AALens.com posting such notice on an area of the Sites that
is publicly accessible without charge.
11.3 You agree that all agreements, notices, demands, disclosures
and other communications that AALens.com sends to you electronically will
satisfy any legal requirement that such communication should be in writing.
12. General Provisions
12.1 Subject to any Additional Agreements, the Terms constitute
the entire agreement between you and AALens.com with respect to and govern your
use of the Sites and Services, superseding any prior written or oral agreements
in relation to the same subject matter herein.
12.2 AALens.com and you are independent contractors, and no
agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by the Terms.
12.3 If any provision of the Terms is held to be invalid or
unenforceable, such provision shall be deleted and the remaining provisions
shall remain valid and be enforced.
12.4 Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such clause.
12.5 AALens.com’s failure to enforce any right or failure to act
with respect to any breach by you under the Terms will not constitute a waiver
of that right nor a waiver of AALens.com’s right to act with respect to
subsequent or similar breaches.
12.6 AALens.com shall have the right to assign the Terms
(including all of our rights, titles, benefits, interests, and obligations and
duties in the Terms to any person or entity (including any affiliates of AALens.com).
You may not assign, in whole or part, the Terms to any person or entity.
12.7 THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE REPUBLIC
OF SINGAPORE (“SINGAPORE”) WITHOUT
REGARD TO ITS CONFLICT OF LAW PROVISIONS; AND THE PARTIES TO THIS AGREEMENT
HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE SINGAPORE COURTS OF LAW,
EXCEPT AS OTHERWISE STIPULATED UNDER APPLICABLE LAW.
12.8 If you have any comments on the Services we provide to you,
you may Email us at info@AALens.com / info@AAlens.net with any such feedback or
questions.