The terms “we,” “us,” and “our” refer to Matador Eyeworks. The term the “Site” refers to www.MatadorEyeworks.com. The terms “user,” “you,” and “your” refers to site visitors, customers, and any other users of this site. The terms, “Product”, “Products”, “Service” and “Services” refer to a variety of contact lenses, prescription eyeglasses and sunglasses lenses and frames and advice on the style, wear, function, care of, preservation and use of all of the above.
Use of www.MatadorEyeworks.com, including all materials presented herein and all online services provided by Matador Eyeworks, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of our Site. By using our Site, Products or Services you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Use of the Site and Service
To access or use our Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Information provided on the Site and in the Service related to eyeglasses, sunglasses and contact lenses and other information are subject to change. Matador Eyeworks makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Matador Eyeworks disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, or other personal information. You agree that any registration information you give to Matador Eyeworks will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all orders or purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes on the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Refusal of Service
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email or call you to confirm the placement of your order with details concerning product delivery. In the event that there is an error in our confirmation, it is your responsibility to inform us as soon as possible.
Cancellations, Refunds and Returns
We do not provide any refunds, returns or cancellations on prescription sunglasses or eyeglasses after orders have been placed. Unopened contact lenses may be returned within 30 days only, otherwise we do not provide refunds, cancellations or returns on contact lenses.
We endeavour to describe and display the Product and Service as accurately as possible. While we try to be as clear as possible in describing and explaining the Product and Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing or descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Our Intellectual Property
The Site and Service contain intellectual property owned by Matador Eyeworks, including trademarks, copyrights, proprietary information, copywriting and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Limitation of Liability
You agree, that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special punitive, exemplary, or any other damages arising out of your use of the Site, Product or Service. Additionally, Matador Eyeworks is not liable for damages in connection with (I) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (II) loss of revenue, anticipated profits, business savings, goodwill or data; and (III) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract tort, or any other theory of legal liability. The foregoing applies even if Matador Eyeworks has been advised of the possibility of or could have foreseen the damages. In those Provinces that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Matador Eyeworks’s cumulative liability to you exceed the total price of the product you have purchased from Matador Eyeworks, and if no purchase has been made by you, Matador Eyeworks’s cumulative liability to your shall not exceed $100.
Third Party Resources
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Matador Eyeworks. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; waiver
This Agreement constitutes the entire agreement between you and Matador Eyeworks pertaining to the Site, Products and Services and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Matador Eyeworks shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Matador Eyeworks.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Matador Eyeworks Optical Boutique
365 Main Street East
Milton, Ontario L9T 1P7
OR by email as follows:
Governing Law, Venue and Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the Province of Ontario as applied to contracts that are executed and performed entirely in Ontario. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Milton, Ontario, Canada. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then-current mediation procedures of The CPR Institute for Conflict Prevention & Resolution3 or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: August, 2020
The term “personal information” is defined as information that you voluntarily provide to us that personally identifies you and/or your contact information, such as your name, phone number, and email address. This information may be gathered in executing some or our Services, such as blog or newsletter subscription or Products for sale or order.
Information We Collect
This Site only collects the personal information you voluntarily provide to us, which may include:
- Telephone number
- Email address
- First and last name
- Eyeglasses or Contact Lens Prescription(s)
The information you provide is used to process transactions, send periodic emails, and improve the service we provide. We only share your information with trusted third parties who assist us in operating our website, conducting our business and servicing clients and visitors. These trusted third parties agree to keep this information confidential. Your personal information will never be shared with unrelated third parties.
We may record information relating to your use of the Site, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. We use this type of information to administer the Site and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behaviour and characteristics in order to measure interest in and use of the various areas of the Site.
We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all. The Site does not respond to Do Not Track signals sent by your browser.
Third Party Links
We maintain security measures to protect your personal information from unauthorized access, misuse, or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your personal information shared with us through our Site, you acknowledge that the personal information you voluntarily share with us through our Site could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.
Updating Your Information
You may access and correct your personal information and privacy preferences by contacting us via email at Matador.Eyeworks@gmail.com.
Changes to This Policy
Updated: August, 2020
This website is an educational and informational resource for consumers. It is not a substitute for working with a consultant or other professional. We cannot guarantee the outcome of following the recommendations provided and any statements made regarding potential outcomes are expressions of opinion only. We make no guarantees about the information and recommendations provided herein. By using/reading this website/blog you acknowledge that we cannot guarantee any particular results, as such outcomes are based on subjective factors not within our control. Therefore, following any information or recommendations provided on this website are at your own risk.
Some of the links contained on this website or blog posts may be affiliate links. This means that we may receive a commission if you click on the link and make a purchase from the affiliate. We only recommend products and services that we know or trust to be of high quality, whether an affiliate relationship is in place or not.
We aim to describe and display all products as accurately as possible on our website. However, we cannot guarantee that the precise colours, textures, sizes or selection of glasses frames, lenses, sunglasses or contact lenses available in our store will always be described accurately or that they will always be entirely current or error free. Likewise, we cannot guarantee their uses for your particular circumstances and purposes.
We can guarantee that you’ll always receive our best customer service!
Updated: August, 2020