GoEyes CANADA Terms of Use

THIS TOOL AND THE SERVICES (EACH AS DEFINED BELOW) IS INTENDED FOR USE BY INDIVIDUALS WHO ARE IN GOOD HEALTH, BOTH VISUALLY AND PHYSICALLY. OUR CUSTOMER ELIGIBILITY CRITERIA IS SET FORTH BELOW AND MUST BE MET TO USE THIS TOOL. UNDER NO CIRCUMSTANCES SHOULD INDIVIDUALS EXPERIENCING MEDICAL EMERGENCIES, SIGNIFICANT HEALTH CONDITIONS, OR SIGNIFICANT HEALTH CONCERNS USE THIS TOOL OR THE SERVICES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR EMERGENCY SERVICE IMMEDIATELY.  

THESE TERMS OF USE GOVERN THE RELATIONSHIP BETWEEN THE COMPANY AND ITS CUSTOMERS AND IMPACT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY BEFORE USING THIS TOOL OR THE SERVICES.  

Eye Care Professionals providing Reviews through this Tool are independent HEALTHCARE PROVIDERS and are not employees or agents of the Company. Reviews are made available through the Tool as part of the Services, but the Company does not directly provide Reviews, make recommendations, diagnoses or prescriptions in connection with any Exams. You acknowledge and agree that the Company is not a party to any provider-client relationship or other relationship that may be formed directly between You and the Eye Care Professional, and is not otherwise a healthcare provider. The Company is not responsible or liable for the acts or omissions of Eye Care Professionals, the results of any Reviews or any recommendations, diagnoses or prescriptions made by an Eye Care Professional. 

IMPORTANT NOTICE: THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. 

GoEyes Terms of Use 

6over6 Vision Ltd. welcomes you to the GlassesOnEyes™ application (“GoEyes” or the “Tool”) as further detailed below.  

This Tool is a Medical Device intended for use by individuals who: 

• are between the ages of 18 and 39, and are fully competent to enter into terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms;  

• are located in the Province of British Columbia at the time of use of the Tool; 

• are in good health, not experiencing a medical emergency and do not have significant health conditions; and  

• otherwise meet the other eligibility criteria set forth below in Section 5 below, under the heading “Additional Eligibility Criteria” 

(collectively, the “Eligibility Criteria”). 

As further described in Section 9 below, the Review will not be conducted by a British Columbia registered healthcare professional, but instead by an ophthalmologist, who is an independent healthcare provider, located and licensed or registered, as applicable, in the State of Florida, USA (“Eyecare Professionals” or “ECPs”). 

Eye Care Professionals providing Reviews through this Tool are independent healthcare providers and are not employees or agents of the Company. Reviews are made available through the Tool as part of the Services, but the Company does not directly provide Reviews, medical advice, make recommendations, diagnoses or prescriptions in connection with any Exams. You acknowledge and agree that the Company is not a party to any provider-client relationship or other relationship that may be formed directly between You and the Eye Care Professional, and is not otherwise a healthcare provider. The Company is not responsible or liable for the acts or omissions of Eye Care Professionals, the results of any Reviews or any recommendations, diagnoses or prescriptions made by an Eye Care Professional.  

Throughout these Terms: 

“Tool” or “GoEyes Tool” has the meaning set forth above. 

“Customer,” “User,” “You,” “Your” and “Yours” refers to the person using Tool or other Services. 

“Design Rights” has the meaning set out in Section 13 of these Terms. 

“Eligibility Criteria” has the meaning set out in Section 1 of these Terms. 

“Exam” has the meaning set out in Section 1 of these Terms. 

“Exam Technology” means has the meaning set out in Section 13 of these Terms. 

“Eyecare Professional” or “ECP” has the meaning set out in Section 1 of these Terms.  

“Indemnified Parties” has the meaning set out in Section 7 of these Terms. 

“Linked Sites” has the meaning set out in Section 14 of these Terms. 

“Optical Parameters” has the meaning set out in Section 3 of these Terms. 

“Privacy Policy” means the privacy policy that applies to the Tool and the Services, and describes how we collect, use and disclose Personal Information when You use the Tool and the Services, the website address of which is set forth above on the 1st page.  

“Review” has the meaning set out in Section 1 of these Terms. 

“Services” has the meaning set out in Section 1 of these Terms. 

“Terms” has the meaning ascribed to it in Page 2 of these Terms of Use.  

“Trademarks” has the meaning set out in Section 13 of these Terms. 

“Your Information” collectively refers to the Optical Parameters, information provided by You through the Tool or Services. For certainty, Your Information can include, among other things, Your applicable health information (such as Your frontal facial pictures (which are shrunk and obfuscated, and therefore do not allow the reidentification of any given individual in any way); a "Calibration Image" (which is an image with a standard size object such as plastic standard magnetic card to set as a reference object), health data received through a personal eye health questionnaire, and prescription) and other Personal Information of Yours (such as Your name, general location, and demographic information). 

“We,” “our,” “us,” “Company,” and “6Over6” refer to 6Over6 Vision Ltd.  

We facilitate the following steps, beginning after You access the Tool:  

1. Eligibility and Information: Having You answer a series of questions to determine Your Eligibility to use the Tool and participate in the Exam. 

2. Exam: Conducting the Exam using the Tool in a combination of several stages, each of which contains a specifically engineered image, referred to as a “target.” The Tool will provide You with instructions and questions, and will present you with targets based on your responses. In each stage, a specific optical parameter is measured and calculated. Taken together, these parameters will provide the User’s full details of the refraction error to an Eyecare Professional in terms of: 

• Sphere power (rounded to 0.25 Diopter); 

• Cylinder power (rounded to 0.25 Diopter); and 

• Cylinder axis (rounded to the closest Degree)  

(collectively, Your “Optical Parameters”). 

3. Review: After You complete the Exam, Your Information, including the Optical Parameters and additional patient-specific data supplied by You, will be sent to an Eyecare Professional. The Eyecare Professional is responsible for conducting the Review and ultimately responsible for making any clinical decisions.  

4. Results: The Eyecare Professional will determine whether it is appropriate, based on Your Information, to issue a prescription along with a recommendation to check Your corrected visual acuity after obtaining glasses and/or contact lenses by taking an online visual acuity test.  Alternatively, the Eyecare Professional may determine that You are not eligible or should see a healthcare provider in-person.  If the Eyecare Professional issues a prescription to You, Company will:  

1. add a copy of your prescription to the third party account, website, or mobile on through which you accessed the Tool; and 

2. provide a copy of Your prescription to You upon request. Requests can be made by contacting support@6over6.com.  

You may use the prescription to purchase glasses or contact lenses from the dispensing service of Your choice.  

In order to qualify to use the Tool and receive the Services, in addition to the other Eligibility Criteria set forth above in these Terms, You must fit all of the following criteria: 

• Be between 18 to 39 years of age; 

• Currently wear glasses and/or contact lenses and are seeking to test Your vision in order to receive a glasses and/or contact lenses prescription; 

• Have single vision only (no multifocal, bifocal, or progressive lenses) and normal color vision; 

• Have no ongoing disease or ocular condition other than refractive error, such as:  

• • Prism measurement in Your previous prescription(s); 

• • History of lazy eye(s) (amblyopia), diabetes related eye issues, glaucoma, cataracts, retinal detachment, crossed eyes (strabismus), eye surgery, related brain injuries, or neurological issues; or 

• • Recent discomfort or symptoms of acute eye pain, flashes, and/or excessive floaters in eyes; 

• Have no headache, nausea, fatigue, or vertigo when taking the Exam; and 

• Be able to follow text and audio instructions in English, stand and move closer or further from the mobile screen, and cover one eye while operating the mobile device.  

You understand and agree that even if You satisfy the Eligibility Criteria, this does not guarantee that You will receive a Review or a prescription from an Eyecare Professional using the Tool, including, for example, where You do not fall within the testable range referenced in Section 4 of these Terms. 

We reserve the right to require You at any stage to provide proof of age, and proof of location, so that we can verify that You meet the Eligibility Criteria. In the event that it comes to our knowledge that a User does not meet the Eligibility Criteria (for example, where the User is under the age of eighteen (18) or is located outside of the Province of British Columbia), we reserve the right to prohibit and block such User from accessing the Tool or the Services. 

This Tool is part of a mobile application available on these mobile devices:  

• iPhone XR or newer models  

• Android device  

Running at least the last 2 versions available in the market starting from: 

• iOS 13.0 and above 

• Android 6 and above  

This Tool is indicated for use in a home environment. This Tool requires well-functioning iOS or Android devices with the following components operating properly:* 

As a condition of Your use of the Tool, You agree to the following: 

• You will participate in the Exam Yourself; 

• You are seeking production of Your Optical Parameters for a Review by an ECP, who may issue a prescription for glasses and/or contact lenses if the ECP determines appropriate;  

• all of Your Information provided through the Tool is accurate, complete and correct;  

• You will strictly follow the instructions provided during the Exam; 

• if asked, You will agree to retake the Exam in whole or in part in order to continue to use the Tool and Services. If You do not retake the Exam if asked, You may not be able to continue using the Tool or Services; and 

• if asked, You will provide any additional information that is requested by or on behalf of us or an ECP(s) where it is required to permit to You to receive the Services. If You do not agree to provide the additional information that is requested, You may not be able to continue using the Tool or Services. 

You understand and agree that the provision of the Exam and the conduct of the Review depend on the completeness and accuracy of Your Information, as the Tool cannot verify the completeness and accuracy of information provided by You. Without limiting any other part of these Terms, neither the Company (or any of its affiliates or their respective directors, officers, employees, subcontractors or agents) (collectively, the “Indemnified Parties”) nor the ECP(s) will be responsible for any adverse consequences if Your Information is inaccurate or incomplete, and You will indemnify the Indemnified Parties and the ECP(s) for any fraudulent or intentionally inaccurate information.  

The Tool facilitates the provision of the Review by licensed Eyecare Professionals, who make independent clinical decisions about your care. Your doctor-patient relationship will be between You and the Eyecare Professional assigned to provide services to You. You will have no doctor-patient relationship with the Tool or the Company. 

Your Optical Parameters will be Reviewed by an Eyecare Professional to whom we provide Your Optical Parameters. The results of such Review will be transmitted to You via the third party account, website or mobile application through which you accessed the Tool.  

All ECPs who deliver the Review: (i) are ophthalmologists located and licensed or registered, as applicable, outside of the Province of British Columbia; (ii) are independent contractors to or employed by third-party organizations that We have engaged to perform the Services; and (iii) are solely responsible for Services provided to You by them. You understand and agree that none of the Indemnified Parties are responsible for the Review, or Your use of the Review, and any resulting prescription or recommendation, provided by an ECP(s). This includes, but is not limited to, any personal injury or property damage You may suffer.  

The Exam and the Review are only for the purposes expressly stated herein and are not intended to replace a comprehensive medical or eye examination. The Exam is not designed to be used as a tool for the diagnosis of an illness or other medical condition, nor for the treatment, mitigation or prevention of illness.  

Always seek the advice of Your physician or other qualified healthcare provider with any questions You may have regarding Your personal health, medical conditions, drugs or medications, and before commencing or discontinuing any course of treatment, drug or medication. Do not disregard, avoid or delay in obtaining medical advice from Your physician or other qualified healthcare professional because of any information You may have received or obtained using the Services. The Services are not intended to be, and may not be used as, a first-time refractive error assessment.  

You agree to pay all fees due.  Payments may be processed through the Google Play or Apple application store from which You originally accessed the Tool. Applicable in-App purchase rules and policies may be accessed directly from the app stores. You will see a prompt for Your payment details, such as Your credit card information and any promotional codes You may have. By entering Your payment information and submitting Your order, You authorize the ECP(s) and Us, our affiliates or our third-party payment processors on behalf of the ECP(s) to charge the amount(s) due. To the extent payment is processed by our affiliates or a third-party payment processor, payments will be subject to such party’s payment processing terms and conditions. You acknowledge and agree that you will direct any issues or disputes concerning such payments solely to the applicable payment processing entity and not to Us.  

You are responsible for all fees due to carry out the Services, including the Exam and the Review and to receive the Review results, including any fees charged by the Eyecare Professional and that any payment for us shall include payments to the Eyecare Professional. If Your credit card expires or We, our affiliates or our third-party payment processors are unable to process Your payment, You may receive notice for You to provide an alternative payment method. The Eyecare Professionals have no obligation to provide any Review unless and until full payment has been received and/or verified. 

Subject to the terms and conditions of these Terms, Company hereby grants You a limited, non-commercial, non-exclusive, non-transferrable, non-sublicensable, revocable and personal right to access and use the Tool, including the Exam Technology (as defined below), during the term of these Terms for the purposes expressly set forth and permitted by these Terms, including to obtain the Services. As between You and Company, Company (and its licensors and affiliates, as applicable) reserves all right, title and interest, including intellectual property rights, in and to the Tool and the underlying systems, technologies, processes, integrations, applications, information, software, text, displays, images, video, audio, selection, arrangement and look and feel thereof (collectively, the “Exam Technology”), as well as any and all displayed content resulting from or produced by the Exam Technology, and except as set forth expressly in these Terms, you will not have any such right, title or interest in and to the Exam Technology.   

Certain names, logos, and other materials displayed in and through the Exam may constitute trademarks, trade names, services marks or logos (“Trademarks”) and/or designs, characteristics, and decoration (“Design Rights”) of the Exam Technology licensor, the Company, or its affiliates. You are not authorized to use any such Trademarks or Design Rights without their express written permission. Ownership of all such Trademarks, Design Rights, and the goodwill associated therewith remains with the Exam Technology licensor, us, or our affiliates, as applicable.  

The Tool may contain hyperlinks or references to websites or webpages (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control, therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to You only as a convenience, and the inclusion of any link does not imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at Your own risk, and we are not liable to You in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with Your use of or reliance on information contained in or provided to Linked Sites. 

You may have arrived to the Tool through a Linked Site. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms will Toolly to Your use of or access to the Tool and Services. You further understand and agree that if You navigate to the Tool from an account You created on a third party Linked Site in order to use the Tool and Services, that third party will share Your account information as necessary with Us in order to coordinate and facilitate the Services.   

THE FOLLOWING DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. 

YOU ACKNOWLEDGE AND AGREE THAT THE TOOL AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK.  

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE INDEMNIFIED PARTIES OR ECP(S) DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS AND SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE TOOL AND THE SERVICES, INCLUDING ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. THE INDEMNIFIED PARTIES AND THE ECP(S) MAKE NO WARRANTIES OR REPRESENTATIONS, AND THERE IS NO CONDITION, THAT YOUR USE OF THE TOOL OR THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. 

TO THE FULLEST EXTENT OF APPLICABLE LAW, THE INDEMNIFIED PARTIES AND ECP(S) WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH YOUR USE OF THE TOOL AND SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE TOOL AND SERVICES. FURTHERMORE, THE INDEMNIFIED PARTIES AND ECP(S) DO NOT GUARANTEE OR MAKE ANY WARRANTY OR REPRESENTATION, AND THERE IS NO CONDITION, THAT THE TOOL OR SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR WILL CONTINUE TO OPERATE OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR, BUGS, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, OR THAT THE TOOL WILL BE COMPATIBLE WITH YOUR DEVICE OR RELATED EQUIPMENT OR SOFTWARE, OR THAT DEFECTS IN THIS WEBSITE WILL BE CORRECTED, AND THE INDEMNIFIED PARTIES AND ECP(S) DISCLAIM ANY LIABILITY RELATING THERETO. 

WE MAKE NO REPRESENTATION OR WARRANTY AND THERE IS NO CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TOOL OR THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE TOOL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE TOOL OR FROM THE INDEMNIFIED PARTIES OR ECP(S) SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES. 

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE EXAM IS TO BE USED BY YOU AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE PHONE OR OTHER DEVICE, INCLUDING ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION. 

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, NEITHER THE INDEMNIFIED PARTIES NOR THE ECP(S) WILL BE LIABLE TO YOU OR TO ANY OTHER PARTY UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, OR OTHERWISE, FOR: (I) ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; (II)  ANY LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, MOBILE PHONE OR OTHER DEVICE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; OR (III) FOR ANY DAMAGES FOR PERSONAL INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE EXAM OR ANY OTHER SERVICES PROVIDED THROUGH THE TOOL. THIS IS TRUE EVEN IF THE INDEMNIFIED PARTIES OR ECP(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL THE INDEMNIFIED PARTIES' OR ECP(S)’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE FEES PAID OR PAYABLE BY YOU IN THE [THREE (3) MONTH] PERIOD PRECEDING THE EVENT IN WHICH LIABILITY AROSE.  

NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, SO SOME OR ALL OF THE FOREGOING MAY NOT APPLY TO YOU. 

These Terms will remain in full force and effect as long as You continue to access or use the Tool. You may terminate the Terms at any time by discontinuing Your use of the Tool. Your permission to use the Tool automatically terminates if You violate these Terms. 

We may terminate or suspend any of the rights granted by these Terms and Your access to the Exam with or without prior notice, at any time and for any reason. However, the following Sections survive the expiration or termination of these Terms of Service: 13 (Intellectual Property), except where a right is granted for the duration of these Terms; 15 (Disclaimer of Warranties); 16 (Limitation of Liability); 17 (Indemnification); 19 (Dispute Resolution; Arbitration); 20 (Class Action and Jury Waiver); and 21 (Miscellaneous). 

All disputes arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration under the applicable Rules of Procedure of the Vancouver International Arbitration Centre (VanIAC). The appointing authority shall be the VanIAC. The case shall be administered by the VanIAC in accordance with its Rules. The place of arbitration shall be Vancouver, British Columbia, Canada. 

Each party will cover its own fees and costs associated with the arbitration proceedings; however, if the arbitrator finds that You cannot afford to pay the fees and costs reasonably associated with the arbitration proceedings, we will pay them for You.  

The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that they will not appeal any arbitration decision to any court. 

Notwithstanding the foregoing, Company may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and You agree that these Terms specifically enforceable by Company through injunctive relief and other equitable remedies without proof of monetary damages. 

If this Section is found to be unenforceable or if it does not apply to You, then the entirety of this Section will be null and void and, in that case, You hereby irrevocably submit to the personal and exclusive jurisdiction of the courts of the Province of British Columbia for resolution of any lawsuit or court proceeding permitted under these Terms. 

The Provincial laws of British Columbia and the federal laws of Canada applicable therein apply to the Terms, without regard to principles of conflict of laws. Subject to the foregoing and applicable laws, any conflicts that may ensue from the Terms, will be submitted to the jurisdiction of the Province of British Columbia.