Terms & Conditions
Last Updated 15 April 2020
1. Agreement
to Terms
1.1 These Terms and Conditions constitute a legally
binding agreement made between you, whether personally or on behalf of an
entity (you), and Four Eye Vision Centre, located
at NO. 25, Jalan Dedap 13, Taman Johor Jaya, 81100 Johor
Bahru, Johor Malaysia (we, us),
concerning your access to and use of the 4oovision.com (http://www.4oovision.com) website as
well as any related applications (the Site).
The Site provides the following services: We
providing expertise to keep your eyesight intact. (Services).
You agree that by accessing the Site and/or Services, you have read,
understood, and agree to be bound by all these Terms and Conditions.
If you do not agree with all these Terms and Conditions, you
are prohibited from using the Site and Services and you must discontinue use
immediately. We recommend that you print a copy
of these Terms and Conditions for future reference.
1.2
The supplemental policies set out in
Section 1.7 below, as well as any supplemental terms and condition or documents
that may be posted on the Site from time to time, are expressly incorporated by
reference.
1.3
We may make changes to these Terms
and Conditions at any time. The updated version of these Terms and Conditions
will be indicated by an updated “Revised” date and the updated version will be
effective as soon as it is accessible. You are responsible for reviewing these Terms
and Conditions to stay informed of updates. Your continued use of the Site
represents that you have accepted such changes.
1.4
We may update or change the Site
from time to time to reflect changes to our products, our users' needs and/or
our business priorities.
1.5
Our site is directed to people
residing in Malaysia. The information provided on the Site is not intended
for distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or regulation
or which would subject us to any registration requirement within such
jurisdiction or country.
1.6
The Site is intended for users who
are at least 18 years old. If you are under the age of 18, you are not
permitted to register for the Site or use the Services without parental
permission.
1.7
Additional policies which also apply
to your use of the Site include:
● Our Privacy Notice www.4oovision.com, which sets out the terms on
which we process any personal data we collect from you, or that you provide to
us. By using the Site, you consent to such processing and you affirm that all
data provided by you is accurate.
● Our Acceptable Use Policy www.4oovision.com, which sets out the permitted
uses and prohibited uses of the Site. When using the Site, you must comply with
this Acceptable Use Policy.
● Certain
parts of this Site can be used only on payment of a fee.
2.
Acceptable
Use
2.1
Our full Acceptable Use Policy www.4oovision.com, sets out
all the permitted uses and prohibited uses of this site.
2.2
You may not access or use the Site
for any purpose other than that for which we make the site and our services
available. The Site may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by us.
2.3
As a user of this Site, you agree
not to:
● Systematically retrieve data or other content from the Site
to a compile database or directory without written permission from us
● Make any unauthorized use of the Site, including collecting
usernames and/or email addresses of users to send unsolicited email or creating
user accounts under false pretenses
● Use a buying agent or purchasing agent to make purchases on
the Site
● Use the Site to advertise or sell goods and services
● Engage in unauthorized framing of or linking to the
Site
● Circumvent, disable, or otherwise interfere with
security-related features of the Site, including features that prevent or
restrict the use or copying of any content or enforce limitations on the
use
● Trick, defraud, or mislead us and other users, especially in
any attempt to learn sensitive account information such as user passwords
● Engage in any automated use of the system, such as using
scripts to send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools
● Make improper use of our support services, or submit false
reports of abuse or misconduct
● Interfere with, disrupt, or create an undue burden on the
Site or the networks and services connected to the Site
● Attempt to impersonate another user or person, or use the
username of another user
● Sell or otherwise transfer your profile
● Use any information obtained from the Site in order to
harass, abuse, or harm another person
● Use the Site or our content as part of any effort to compete
with us or to create a revenue-generating endeavor or commercial
enterprise
● Decipher, decompile, disassemble, or reverse engineer any of
the software comprising or in any way making up a part of the Site
● Attempt to access any portions of the Site that you are
restricted from accessing
● Harass, annoy, intimidate, or threaten any of our employees,
agents, or other users
● Delete the copyright or other proprietary rights notice from
any of the content
● Copy or adapt the Site’s software, including but not limited
to Flash, PHP, HTML, JavaScript, or other code
● Use, launch, or engage in any automated use of the system,
such as using scripts to send comments or messages, robots, scrapers, offline
readers, or similar data gathering and extraction tools
● Upload or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material that interferes with any party’s
uninterrupted use and enjoyment of the Site, or any material that acts as a
passive or active information collection or transmission mechanism
● Disparage, tarnish, or otherwise harm, in our opinion, us
and/or the Site
● Use the Site in a manner inconsistent with any applicable
laws or regulations
● Threaten users with negative feedback or offering services
solely to give positive feedback to users
● Misrepresent experience, skills, or information about a
User
● Advertise products or services not intended by us
● Falsely imply a relationship with us or another company with
whom you do not have a relationship
3. Information you provide to us
3.1
You represent and warrant that: (a)
all registration information you submit will be true, accurate, current, and
complete and relate to you and not a third party; (b) you will maintain the
accuracy of such information and promptly update such information as necessary;
(c) you will keep your password confidential and will be responsible for all
use of your password and account; (d) you have the legal capacity and you agree
to comply with these Terms and Conditions; and (e) you are not a minor in the
jurisdiction in which you reside, or if a minor, you have received parental
permission to use the Site.
If you know of, or suspect anyone other than you that knows
your user information (such as an identification code or user name) and/or
password you must promptly notify us at foreyesvision@hotmail.com.
3.2
If you provide any information that
is untrue, inaccurate, not current or incomplete, we may suspend or terminate
your account. We may remove or change a user name you select if we determine
that such user name is inappropriate.
4. Our
content
4.1
Unless otherwise indicated, the Site
and Services including source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site (Our
Content) are owned or licensed to us, and are protected by copyright and
trade mark laws.
4.2
Except as expressly provided in
these Terms and Conditions, no part of the Site, Services or Our Content may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without our express
prior written permission.
4.3
Provided that you are eligible to
use the Site, you are granted a limited licence to access and use the Site and
Our Content and to download or print a copy of any portion of the Content to
which you have properly gained access solely for your personal, non-commercial
use.
4.4
You shall not (a) try to gain
unauthorised access to the Site or any networks, servers or computer systems
connected to the Site; and/or (b) make for any purpose including error
correction, any modifications, adaptions, additions or enhancements to the Site
or Our Content, including the modification of the paper or digital copies you
may have downloaded.
4.5
We shall (a) prepare the Site and
Our Content with reasonable skill and care; and (b) use industry standard virus
detection software to try to block the uploading of content to the Site that
contains viruses.
4.6
The content on the Site is provided
for general information only. It is not intended to substitute for professional
advice. You must obtain professional or specialist advice before taking, or
refrain from taking, any action based on the content on the Site.
4.7
Although we make reasonable efforts
to update the information on our site, we make no representations, warranties
or guarantees, whether express or implied, that Our Content on the Site is
accurate, complete or up to date.
5. Site Management
5.1 We reserve the right at our sole discretion, to (1) monitor
the Site for breaches of these Terms and Conditions; (2) take appropriate legal
action against anyone in breach of applicable laws or these Terms and
Conditions; (3) remove from the Site or otherwise disable all files and
content that are excessive in size or are in any way a burden to our systems;
and (4)
otherwise manage the Site in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Site and
Services.
5.2
We do not guarantee that the Site
will be secure or free from bugs or viruses.
5.3
You are responsible for configuring
your information technology, computer programs and platform to access the Site
and you should use your own virus protection software.
6. Modifications to and availability of the Site
6.1
We reserve the right to change,
modify, or remove the contents of the Site at any time or for any reason at our
sole discretion without notice. We also reserve the right to modify or
discontinue all or part of the Services without notice at any time.
6.2
We cannot guarantee the Site and
Services will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Site, resulting
in interruptions, delays, or errors. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site or Services during any downtime or discontinuance of the
Site or Services. We are not obliged to maintain and support the Site or
Services or to supply any corrections, updates, or releases.
6.3
There may be information on the Site
that contains typographical errors, inaccuracies, or omissions that may relate
to the Services, including descriptions, pricing, availability, and various
other information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information at any time, without prior
notice.
7. Disclaimer/Limitation of Liability
7.1 The Site and Services are provided on an as-is and
as-available basis. You agree that your use of the Site and/or Services will be
at your sole risk except as expressly set out in these Terms and Conditions.
All warranties, terms, conditions and undertakings, express or implied
(including by statute, custom or usage, a course of dealing, or common law) in
connection with the Site and Services and your use thereof including, without
limitation, the implied warranties of satisfactory quality, fitness for a
particular purpose and non-infringement are excluded to the fullest extent
permitted by applicable law.
We make no warranties or representations about the accuracy
or completeness of the Site’s content and are not liable for any (1) errors or
omissions in content: (2) any unauthorized access to or use of our servers
and/or any and all personal information and/or financial information stored on
our server; (3) any interruption or cessation of transmission to or from the
site or services; and/or (4) any bugs, viruses, trojan horses, or the like
which may be transmitted to or through the site by any third party. We will not
be responsible for any delay or failure to comply with our obligations under
these Terms and Conditions if such delay or failure is caused by an event
beyond our reasonable control.
7.2 Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
● We do not exclude or limit in any way our liability to you
where it would be unlawful to do so. This includes liability for death or
personal injury caused by our negligence or the negligence of our employees,
agents or subcontractors and for fraud or fraudulent misrepresentation.
● If we fail to comply with these Terms and Conditions, we
will be responsible for loss or damage you suffer that is a foreseeable result
of our breach of these Terms and Conditions, but we would not be responsible
for any loss or damage that were not foreseeable at the time you started using
the Site/Services.
Notwithstanding anything to the contrary contained in the
Disclaimer/Limitation of Liability section, our liability to you for any cause
whatsoever and regardless of the form of the action, will at all times be
limited to a total aggregate amount equal to the greater of (a) the sum of
£5000 or (b) the amount paid, if any, by you to us for the Services/Site during
the six (6) month period prior to any cause of action arising.
If you are a consumer user:
● Please note that we only provide our Site for domestic and
private use. You agree not to use our Site for any commercial or business purposes,
and we have no liability to you for any loss of profit, loss of business,
business interruption, or loss of business opportunity.
● If defective digital content that we have supplied, damages
a device or digital content belonging to you and this is caused by our failure
to use reasonable care and skill, we will either repair the damage or pay you
compensation.
● You have legal rights in relation to goods that are faulty
or not as described. Advice about your legal rights is available from your
local Citizens' Advice Bureau or Trading Standards office. Nothing in these
Terms and Conditions will affect these legal rights.
8. Term and Termination
8.1
These Terms and Conditions shall
remain in full force and effect while you use the Site or Services or are
otherwise a user of the Site, as applicable. You may terminate your use or
participation at any time, for any reason, by following the instructions for terminating
user accounts in your account settings, if available, or by contacting us
at foreyesvision@hotmail.com.
8.2
Without limiting any other provision
of these Terms and Conditions, we reserve the right to, in our sole discretion
and without notice or liability, deny access to and use of the Site and the
Services (including blocking certain IP addresses), to any person for any
reason including without limitation for breach of any representation, warranty
or covenant contained in these Terms and Conditions or of any applicable law or
regulation.
If we determine, in our sole discretion, that your use of
the Site/Services is in breach of these Terms and Conditions or of any
applicable law or regulation, we may terminate your use or participation in the
Site and the Services or delete your profile and any content or
information that you posted at any time, without warning, in our sole
discretion.
8.3
If we terminate or suspend your
account for any reason set out in this Section 9, you are prohibited from
registering and creating a new account under your name, a fake or borrowed
name, or the name of any third party, even if you may be acting on behalf of
the third party. In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
9. General
9.1 Visiting the Site, sending us emails, and completing online
forms constitute electronic communications. You consent to receive electronic
communications and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communication be in
writing.
You hereby agree to the use of electronic signatures,
contracts, orders and other records and to electronic delivery of notices,
policies and records of transactions initiated or completed by us or via the
Site. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances or other laws
in any jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of credits
by other than electronic means.
9.2
These Terms and Conditions and any
policies or operating rules posted by us on the Site or in respect to the
Services constitute the entire agreement and understanding between you and us.
9.3
Our failure to exercise or enforce
any right or provision of these Terms and Conditions shall not operate as a
waiver of such right or provision.
9.4
We may assign any or all of our
rights and obligations to others at any time.
9.5
We shall not be responsible or
liable for any loss, damage, delay or failure to act caused by any cause beyond
our reasonable control.
9.6
If any provision or part of a
provision of these Terms and Conditions is unlawful, void or unenforceable,
that provision or part of the provision is deemed severable from these Terms
and Conditions and does not affect the validity and enforceability of any
remaining provisions.
9.7
There is no joint venture,
partnership, employment or agency relationship created between you and us as a
result of these Terms and Conditions or use of the Site or Services.
9.8
In order to resolve a complaint
regarding the Services or to receive further information regarding use of the
Services, please contact us by email at foreyesvision@hotmail.com or by post to:
Four Eye Vision Centre
NO 25. JALAN DEDAP 13,
TAMAN JOHOR JAYA,
81100 JOHOR BAHRU, Johor.
Malaysia