Terms of Service

Introduction

Welcome, these are the Terms and Conditions of Service (the “Terms”) for the platform known as Marq Optical (the “Platform”) along with the website located at www.marqoptical.com (the “Site”), including its sub-domains and its mobile optimized versions.  These Terms shall supplement our Privacy Policy (the “Policy”) and our other guidelines, terms and policies made available by us from time to time, all incorporated herein by reference.

The Platform and the Site are proudly operated to you by Marq Optical, Inc., which shall hereinafter be referred to as “Marq Optical”.  As used herein, the terms us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to Marq Optical and/or its affiliates, assignees, successors and/or brands.  As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site or Platform, whether registered under an account or not.

Acceptance of Contract

This is a legally binding agreement between you and Marq Optical.  If you continue to browse the Site and use the Platform, you hereby acknowledge and agree to be bound by and under these Terms, either by simple use or through a clickable action, such as the “I agree” button or otherwise.  These Terms, along with our Policy, will govern Marq Optical’s relationship with you in relation to any products and services offered thereby (collectively, the “Service(s)”).  Overall, your access to the Platform is only offered for your individual use, and not for the use or benefit of any third party you may represent.

Updates

Marq Optical reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify the Services, the Platform and the Site, at any time and without notice.  Any changes to these Terms will be displayed, and we may notify you through the Site or by email.  Please refer to the last effective date where changes were last undertaken by us.  Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

Account Registration, Verification and Safety

In order to use our Services, you must firs create an account with us, including all mandatory fields on the registration form.  You must provide accurate and complete information, and you hereby agree to keep secret the password chosen upon creating your account and not to communicate it to anybody.  If you lose or disclose it, you must promptly inform us.  Your access to Marq Optical is only offered for your individual use, and not for the use or benefit of any third party you may represent.

You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential, and must notify us immediately of any breach or unauthorized use of your account.  You will be liable for any and all misuse of your account, including the fraudulent use by a third party, or even the disclosure of your password to a third party.

Services Offered

We sell optical and sunwear frames that can have either prescription or non- prescription lenses.  If you wish to purchase multiple frames utilizing different prescriptions (for example, your distance prescription and your reading prescription), you will have to place those orders separately.

Please note that your prescription must be valid on the date you place your order.  If your prescription does not include an expiration date, we will fill your order in accordance with applicable legal requirements.  If your prescription or order information is incomplete, we may need to take additional measures to track down current information, which could mean you have to wait longer for your glasses.  We reserve the right to request any and all necessary information regarding your eye metrics, prior to authorizing any sale of glasses.

There may be occasions where a product that is listed on the Site has been incorrectly listed (e.g. typographical error or system error).  In such case, Marq Optical hereby reserves the right to refuse or cancel any orders placed for any and all products incorrectly listed.  If your payment processing method has already been charged, Marq Optical will cancel your order and issue a refund or credit to your payment processing account in the amount of the incorrect price.

Marq Optical will undertake its reasonable commercial efforts to ensure that the quoted prices and descriptions are true, accurate, updated and correct, but notwithstanding the foregoing, Marq Optical cannot fully guarantee such information. Accordingly, the products and services provided via the Site may or will be discontinued, and their specifications, availability, eligibility, prices and characteristics will be subject to change at any time, without prior notice and without any responsibility on behalf of Marq Optical.

While products offered on-line via our Site will usually be priced based upon the merchandise prices indicated by our affiliates, it is possible that you may encounter difference in prices due to promotional events and updated pricing at different times.

Please be advised that the color of actual products may or will vary to the one displayed on your monitor.  We strive to display the colors of the products shown on the Site as accurately as technically feasible, but nonetheless we cannot guarantee that your monitor will any color accurately.

Upon placing an order, payment must be received by Marq Optical prior order processing and shipping.  Once payment clears, we will proceed to shipping.  It is made note that all items are subject to availability, and Marq Optical will inform you if the selected products are out of stock.  The Site will usually display alternatives for your purchase.

Shipping Policy

Before placing a final order for your eyeglasses, you will be able to review the amount and type of shipping and handling fees for your order.  All dates displayed are estimated, since Marq Optical uses third party couriers to ship products, but it will use its commercially reasonable efforts to ship products within a reasonable timeframe after receipt of completed order, as well as to keep you updated via parcel tracking technology.

Shipping fees are determined by numerous factors, such as weight, dimensions, delivery address and type of shipping.  We have a handy calculator that will show you estimated costs and timelines for delivery.  If you want to purchase multiple items, you can preview the costs in the site, and you can also add one or more items into one or more orders in your shopping cart.  Please remember to introduce your country and zip code for better results.  This calculator will help you to understand all available shipping options and fees before you make a purchase.

Please take into account that we use third-party services in order to keep you updated of package tracking, and therefore Marq Optical will not be responsible for any delays or errors by any third party logistics providers.

We usually ship all order items together where possible, and will inform you if your order requires multiple shipments before payment.  For the case of temporary unavailable items that you select to purchase, they will be shipped as they become available.

 

Depending on your place of residence, Marq Optical may collect taxes on orders, and you will be able to review them before placing your final order.  Tax obligations are not optional, but if you deem that we are charging taxes based on erroneous geographical information of yours, please contact us to solve the matter.

Marq Optical may not be able to ship items to certain countries, and therefore we may reject orders with delivery addresses in such countries.  If that becomes the case, we will inform you about the matter.

Refund Policy

If you have a problem with your order, please contact us as soon as possible.  We offer a fifteen(15) day guarantee for defective, mistaken and/or damaged products.  Please include a description of the items in question, including the reason for return, your name, address, account information, payment details, products along with images of the shipping package, the product and any defects or shipping damages.  Since some of our products are provided by third parties, there may be some delays in processing your return and refunds, and we will contact the appropriate supplier in order to help your case.

Prohibited Activities

As our user, you agree to not undertake, motivate, or facilitate the use or access of the Platform, our Services and Site in order to:

a.     Infringe these Terms, or allow, encourage or facilitate others to do so.

b.     Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.

c.     Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.

d.     Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.

e.     Upload infringing, false, duplicated, altered or otherwise misleading purchase information.

f.      Use any automated or manual process to obtain, copy, process, access and/or use our Services or any part therefrom to capture unauthorized data or content, for any purpose.

Parental Notice

Marq Optical does not provide its Services to persons under the age of eighteen (18).  All of our users are prohibited from providing us with personally identifiable information of persons under the age of thirteen (13).

Ownership

The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed by us are the property of –or otherwise are licensed to– Marq Optical or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in Australia and other jurisdictions throughout the world.  Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers.  No section hereof shall be construed as intent to grant to you any right transfer or interest in our Services, in whole or in part.

You acknowledge and agree that any and all infringing use or exploitation of copyrighted content of Marq Optical and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.

User Privacy

By disclosing any information to us, you agree to the terms of our Policy, including the terms for the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients.  We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups.  For more information, please read our Policy.

Third party links and advertising

From time to time, our Platform, our Site and our Services may contain hyperlinks to other websites.  These links are for your personal convenience and to provide you with further information which may be of interest to you.  The provision of such links does not imply any endorsement of such third party websites (or their products and services).

From time to time, we may serve ads and promotions from third party sources in the Platform.  Accordingly, your participation or undertakings in promotions of third parties other than Hypnohelper, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party.  Hypnohelper is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Platform.

No Warranty

To the fullest extent permissible under applicable law, the Services, the Platform and the Site are provided to you “as is”, with “all faults” and “as available”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk.  No oral or written advice provided by Marq Optical, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty.

The entire risk of satisfactory quality and performance resides with you.  Marq Optical, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference and/or enjoyment.

Neither Marq Optical, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Platform, the Services or the Site will be error-free, uninterrupted, secure, or produce any particular results.  No advice or information given by Marq Optical or its employees, affiliates, contractors and/or agents shall create a guarantee.  The Platform, the Services or the Site have not been completely tested in all situations or devices, and that they may contain operational malfunctions, errors, viruses, bugs, worms, trojan horses, bots and other harmful and destructive components or defects.

Disclaimer of Damages

The Site contains general information only for reference, and such information is not medical advice, and should not be treated as such.  You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider or towards your patient.

Please take into the strictest note, that: (i) we are neither a hospital, pharmacy, healthcare professional, doctor, ophthalmologist, optometrist or distributor of any kind of medical or healthcare items and supplies; (ii) we do not engage into the practice of medicine or any kind of healthcare profession; (iii) we do not offer any kind of medical treatment, assessment or diagnosis; (iv) that we do not provide or sell medical or healthcare items directly to doctors or patients or any other consumers; and (v) we shall not be held liable or responsible for any damages, losses, costs and/or liabilities arising out of or related to any bought medical or healthcare items or any information shown through the Site.

All information posted through our Site is intended for reference and convenience purposes only, which may include inaccuracies or errors, and does not constitute a direct endorsement of any kind of any medical procedure, optometrist treatment, Lasik treatment, product or service.

In no event shall Marq Optical, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Platform, the Services or the Site, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources, lost or corrupt data, re-procurement amount, anticipated savings, wasted expenditure, or other commercial or economic loss; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Marq Optical, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.  For purposes of this limitation of liability, Marq Optical’s affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce these Terms against you.

Limitation of Liability

In no event, shall Marq Optical’, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed; (i) the actual price paid by you for the license and/or use of the Platform, the Site or our Services in the twelve (12) months preceding the claim; or (ii) the amount of USD$100.00 (One Hundred United States Dollars); whichever results less; and henceforth any award for direct, provable damages shall not to exceed such total amount.

These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction.  Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.  This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted.

 

Indemnification

Indemnification by You.  You shall indemnify, hold harmless, and defend Marq Optical, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Marq Optical’ Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Marq Optical’ Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Marq Optical); and/or (ii) any third party claim arising out of or in relation to the Platform or the Services or use thereof in combination with your business platform, including without limitation, any claim that the Platform, the Services or the Site violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person, or violates any applicable law.

Generals

Assignment. These terms will inure to the benefit of any successors of the parties.

Equitable remedies:  You hereby acknowledge and agree that if these Terms are not specifically enforced, Marq Optical will be irreparably damaged, and therefore you agree that Marq Optical shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.

Force Majeure. Marq Optical shall not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Marq Optical' reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.

Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.

No Endorsement.  Any testimonial or review displayed into third party websites incorporating our Platform is made by the respective author and does not does not reflect Marq Optical’s opinions, nor do Marq Optical, its affiliates, subsidiaries, officers, employees and agents guarantee its actual veracity or make any endorsement thereof.

Payment processors.  From time to time, we may use third-party payment processors in order to bill you for any fees and Services provided through the Platform.  The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors.  Marq Optical is not responsible for any and all errors by the payment processors.

No Waiver. Failure by Marq Optical to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

No Relationship. You and Marq Optical are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention.  All remaining provisions of these Terms will remain in full force and effect.

Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against Marq Optical shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding.  Unless otherwise agreed by you and Marq Optical, you may not adjoin or consolidate any claim with more than one person's; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.

Waiver of Jury Trial.  The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge.

Applicable Law. Your use of our Services and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the State of California, without regard to its conflict of law principles.

Forum.  You hereby represent that you consent to the exclusive jurisdiction and venue of the competent courts located in or nearest to Monterey Park, State of California, for in all disputes arising out of or relating to the use of this Site.  You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.

California Residents Notice.  As indicated in the California Civil Code, Section 1789.3, our California users have the right to be made aware of this information: the Site is provided to you by Marq Optical, Inc.  For any inquires or complaints regarding the Site, please contact our customer service team at the address indicated in our website.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

Contact

If you have any questions or queries about us, our Platform, our Site, our Services or these Terms, please contact us as indicated in our contact page.

 

Date of last effective update is June 8, 2018.