Practitioners

LensFerry Terms of Use

PLEASE CAREFULLY READ THESE TERMS BEFORE PROCEEDING TO ACCESS OR IN ANY WAY USE THIS SITE. THESE TERMS APPLY TO ALL USERS OF THIS SITE REGARDLESS OF WHETHER OR NOT YOU HAVE REGISTERED.

General Terms

These Terms of Use establish the terms and conditions for access to and use of the LensFerry web site ("Site") and services. For purposes of these Terms of Use, “Site" also includes WS3 or your eye care professional’s applications for mobile devices.

BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS & CONDITIONS. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms of Use, you must immediately stop using the Site.

You have decided to order contact lenses from your eye care professional. To process the order, your eye care professional uses LensFerry, an online ordering and fulfillment service. The LensFerry service is owned and operated by WebSystem2, LLC (d/b/a WebSystem3)("WS3"), a CooperVision company.

When used in these Terms of Use, “eye care professional" means your optometrist/ophthalmologist, your doctor’s office and staff and other individuals under your doctor’s control that are instrumental to providing eye care services and contact lens ordering assistance.

If you create a LensFerry account, you affirm that you are at least 18 years old. You also affirm that you are the patient for whom contact lenses are being purchased or the parent or legal guardian of the patient. By registering, you agree to release Websystem2, LLC, its officers, directors, employees, affiliates, parent, successors and assigns (and the officers, directors and employees of such affiliates, parent, successors and assigns) and your eye care professional from all claims that you might have arising from your use of the Site.

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Collection of Information

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password.

When you create an account WS3 and your eye care professional collect the following information:

  • Your name
  • Your mailing address
  • Your e-mail address
  • Your home telephone and/or your or mobile telephone number
  • Your credit/debit card number and other information
  • Your purchase/return information
  • Your login name
  • Your password
  • Your date of birth or age
  • Insurance provider Insurance benefit amount
  • Certain information related to or that could affect your eye health

When you place an order for contact lenses, WS3 and your eye care professional collect the following additional information:

  • Your shipping address
  • Your contact lens prescription
  • Desired payment plan

If you choose not to provide personal information, WS3 and your eye care professional may not be able to provide you with requested products, services or information. You affirm that the information that you provide (name, email address, etc.) is true and accurate, and that you are not impersonating another person.

WS3 and your eye care professional may retain certain information for a period of time. Please see the Privacy Statement www.lensferry.com/privacy.

WS3 reserves the right to refuse you access to our Site or to restrict, suspend or deactivate your account if you use the Site in an inappropriate manner or inconsistent with our rules. WS3 has sole discretion on determining whether your use of the site is inappropriate or inconsistent with our rules.

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You Are Agreeing to Our Privacy Policy

WS3 respects the privacy of this Site’s users. Please refer to WS3’s Privacy Statement

www.lensferry.com/privacy, which explains our users’ rights with respect to information that we or eye care professionals collect on this Site. When you access or use the Site, you signify your agreement to the Privacy Statement.

By using the Site, you consent to receiving electronic communications from WS3 or your eye care professional relating to your account. These communications may involve sending emails to your registered email address(es), or posting communications on the Site or on your account page. In addition, when you create an account, you will have the option to receive communications by way of text/SMS on your mobile devices; if you consent to receiving such messages, WS3 or your eye care professional may also send text/SMS communications to your mobile device. Communications may include advertising and promotional materials, special offers, customer surveys, appointment reminders, payment reminders, notices, agreements, disclosures and other communications. You agree that any notice, agreements, disclosure or other communications that WS3 or your eye care professional sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Please review our Privacy Statement www.lensferry.com/privacy for further details on how WS3 or your eye care professional may communicate with you.

During registration, you may also select to receive certain communications through your home, business or mobile phones. Such communications may include appointment reminders, customer surveys and payment reminders.

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Transactions

If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to provide certain information relevant to your Transaction including, without limitation, your credit/debit card number, the expiration date of your credit/debit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to WS3 and your eye care professional the right to provide such information to third parties for purposes of facilitating any Transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

By placing an order, you represent that the products ordered will be used only in a lawful manner and in accordance with their approved use. WS3 and your eye care professional reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

When placing your order, you have the opportunity to place product re-orders by means of SMS/text. If you select this option, at the time of re-order, your eye care professional or WS3 will send a re-order notification by way of SMS/text message to your registered mobile number. The message will prompt you to review your re-order information and, if you wish to place the order, provide you with instructions on how to complete the re-order transaction using your mobile device or computer. You will be asked to confirm the re-order and you will have the opportunity not to place the re-order. If you confirm the re-order, you will need to provide required forms of assent, which may include, among other things, pressing a confirmation radial button, entering your password, entering a password through the use of third party passwords (such as a password for a Facebook account) or other method as determined by WS3 or your eye care professional. By confirming the re-order and providing the required consent, you authorize your eye care professional and WS3 to proceed with the Transaction, charge your chosen payment method in accordance with your chosen billing method and take other actions to process the re-order.

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Billing

By starting your LensFerry account, you authorize us to charge you for each order at the time the order is placed or in installments if you chose a periodic billing plan. You will be charged based on the then current product price and any other charges you may incur in connection with your order and such charges will be paid by the payment method your select at the time of your order. You authorize your eye care professional or WS3 to charge your payment method for the charges at the time of your order or at the time such payments are due under your periodic billing plan.

WS3 and your eye care professional reserve the right to adjust pricing in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your payment method.

You may change your payment method or your periodic billing information by visiting the Site and entering your account. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information, (i) you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated; (ii) your eye care professional (or WS3, at your eye care professional’s direction) may suspend or discontinue any pending or future orders; and (iii) your LensFerry account may be suspended or terminated. For certain payment methods, the issuer of your payment method may charge you a foreign transaction fee or other charges. Check with your payment method service provider for details.

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Errors and Inaccuracies

Your eye care professional’s or WS3’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Despite our efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Your eye care professional and WS3 reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

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Returns

If you are not fully satisfied with your purchase you may return it in accordance with your eye care professional’s return policies.

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Rules for Promotions

Any sweepstakes, contests, raffles, or other promotions (collectively, "Promotions") made available through the Site may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Statement. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply.

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Copyright Notice

All materials and information available on the Site are protected by copyright. These materials are either (i) owned or controlled by WS3 or its parent, CooperVision, Inc., (ii) licensed to WS3 or CooperVision by a third party, or (iii) owned or licensed by your eye care professional. You may download downloadable materials from the Site, subject to any use restrictions or conditions established by WS3, its affiliates or licensors, or your eye care professional.

If you download any downloadable materials, you cannot modify them in any way and you must abide by all copyright, trademark and other notices in such materials. You may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained on this Site. It is strongly advised that you do not upload any third party materials to our Site without third party authorization (other site or web site content, articles, links, text, images, videos, etc.) as most third party published materials are likewise subject to copyright and other protections.

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Trademark Notice

Unless otherwise noted the trademarks, service marks, trade names, trade dress and product names featured on this Site are trademarks of (i) WS3 or CooperVision, or their respective affiliates, related companies or licensors, (ii) your eye care professional, or (iii) third party product or service providers. WS3’s or CooperVision’s trademarks or the trademarks of third parties may be used publicly only with permission.

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Other Sites and/or Materials

WS3 and your eye care professional may post links to other web site(s) on this Site. These links are provided as a courtesy to Site visitors. Neither WS3 nor your eye care professional has any control over linked websites or the materials, information, goods or services available on the third-party web sites. Neither WS3 nor your eye care professional is responsible for, and neither endorses or warrants, any materials, information, goods or services available through any linked web sites. WS3 and your eye care professional do not guarantee the privacy practices (or any other policies) of such web sites. WS3 and your eye care professional do not guarantee the accuracy of the content of any such web site. WS3 and your eye care professional each reserve the right to terminate any link at any time.

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Accuracy of Information

WS3 and your eye care professional strive to accurately describe products and services offer on the Site, as well as updating information on the Site. However, neither WS3 nor your eye care professional warrants that any information on the Site, including without limitation, product or service descriptions, is complete or free from error.

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No Medical Advice

This Site is designed to provide general information about online marketing and practice tools for health care professionals. It is not intended to provide medical advice or to diagnose or treat medical conditions. Consumers and patients should always consult an eye care professional for information and advice on the treatment of a specific condition or for any other medical need.

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Content You Post to Sites

If and where permitted on the Site, visitors may post reviews, comments, photos, and other content; send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. WS3 and your eye care professional reserve the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant WS3 and your eye care professional a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant WS3 and your eye care professional and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify WS3, CooperVision and your eye care professional for all claims resulting from content you supply. WS3 and your eye care professional have the right, but not the obligation, to monitor and edit or remove any activity or content. Neither WS3 nor your eye care professional, takes any responsibility or assumes any liability for any content posted by you or any third party.

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Prohibited Actions

You agree not to interrupt or attempt to interrupt the operation of the Site. You may not use any automated tool to mine the Site for information. The web servers and email servers maintained by WS3 and the emails associated with the domain cannot be used for the delivery of unsolicited bulk email or for any malicious, unethical, offensive, harmful or unlawful purpose. We reserve the right to limit or deny a user’s access to the Site or take other appropriate action is a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. You may only use the Site for lawful purposes. Unauthorized use may result in criminal and/or civil prosecution under Federal, State, and local law.

Do Not Use this Site to Communicate Legal Notices to Websystem3 or your eye care professional

Communications made through the Site’s e-mail and messaging system will not constitute legal notice to WS3, CooperVision, your eye care professional or any of their respective officers, employees, agents or representatives. You should send legal notices for WS3 to:

CooperVision, Inc.
6140 Stoneridge Mall Road, Suite 590
Pleasanton, CA 94588-3772
Attn: General Counsel

Legal notices intended for your eye care professional should be sent to your eye care professional’s office.

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Disclaimer; Limitation of Damages

ACCESS TO THE SITE IS PROVIDED TO YOU AS A COURTESY, "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER WEBSYSTEM3, COOPERVISION, NOR YOUR EYE CARE PROFESSIONAL MAKES ANY WARRANTY OR REPRESENTATION THAT ACCESS TO, CONTENT OF OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SITE.

To the extent permitted by law, neither WS3, CooperVision nor your eye care professional will be liable for any indirect, special, incidental, consequential, or punitive damages of any kind related to the Site whether as a breach of contract, tortious behavior, negligence or any other cause of action, even if either of those parties has been advised of the possibility of such damages.

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Modification of Terms of Use

WS3 can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use, so be sure to check back frequently for the current terms.

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Foreign Visitors

Neither WS3 nor your eye care professional makes any representation that materials or other content on the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from locations outside the United States, you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

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Applicable Laws; Venue

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of California. Any action related to this Site will be filed only in the appropriate state or federal court located within the State of California. By using this Site, you consent to the jurisdiction of the state and/or federal courts of the State of California.

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