Terms & Conditions
(EFFECTIVE FROM 5/9/2025)
GENERAL TERMS AND CONDITIONS OF USE – LUNET CANADA
IMPORTANT – These Terms of Use together with our Privacy Policy constitute a binding contract (“Contract”) between you (“You”, or “you”) and Lunet, a member of the EssilorLuxottica group (“EssilorLuxottica”, “we”, “us”, or “our”), as the owner of www.lunet.ca (the “Website”), and govern your use of the Website.
Please read these Terms of Use carefully before using the Website and any online services, software, or applications (collectively, the “Services”) provided by EssilorLuxottica. By using or continuing to use our Services, you agree to be bound by the Terms of Use in effect at the time of such use. Your use of our Services is expressly conditioned on your acceptance of these Terms of Use.
EssilorLuxottica may make changes to these Terms from time to time, at its sole discretion, by updating this posting on our Website, without notice to you. Your continued use of our Website following the posting of a new version of the Terms constitutes your acceptance of such changes. Therefore, each time you visit our Website, please check whether a new version has been posted.
1. LICENSE GRANT. The Service and all of its content (“Content”), including all copyrights, patents, trademarks, service marks, trade names and other intellectual property rights (“Intellectual Property”), are owned or controlled by EssilorLuxottica, our licensors and certain other third parties. All right, title and use in and to the Content and Intellectual Property available through the Service are owned by EssilorLuxottica, its licensors and certain other third parties, and to the maximum extent possible, are protected by Canadian and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws. EssilorLuxottica owns the copyright in the selection, compilation, assembly, arrangement and enhancement of the Content on the Service. EssilorLuxottica hereby grants You a personal, revocable, limited, non-exclusive and non-transferable license to use the Services solely for Your personal use, which does not include activities related to any commercial, entrepreneurial or professional activity, provided that You comply with the terms of these Terms. Notwithstanding the foregoing, You may not modify, translate, decompile, copy, distribute, disassemble, broadcast, transmit, or publish the Services, remove or alter any proprietary notices or labels associated with the Services, create derivative works from, license, sublicense, transfer, sell, reproduce, frame, rent, lease, private label, pledge, or otherwise use in any manner not permitted by these Terms. In addition, this license excludes any use of data mining, robots, or similar data gathering and extraction tools, any attempt to violate or violate the security of the Website, and any attempt to interfere or interfere with the ability of the Website to function properly.
2. USER DECLARATIONS. To use the Website, create an account, or purchase products, you must be 18 years of age or older, have the capacity to enter into a binding contract with us, and not be barred from doing so under applicable law. If you use the Website, you confirm that you are at least 18 years old. This Website is intended exclusively for users located in Canada.
3. PROPRIETARY RIGHTS. These Terms grant You only a limited license to access and use the Services. Accordingly, You expressly acknowledge and agree that EssilorLuxottica does not transfer to You, or to anyone else, any ownership or intellectual property rights or title in or to the Services. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML code), programs, software, products, information and materials, as well as the design, structure, selection, coordination, expression, look and feel and arrangement of any content contained in or available through the Services, unless otherwise indicated, are owned, controlled and licensed by EssilorLuxottica. Lunet, the Lunet logo(s), and all other names, logos, and icons identifying Lunet and its products and services are trademarks of EssilorLuxottica, and any use of such marks, including, without limitation, as domain names, account identifiers, or search terms, without express written permission is strictly prohibited. Other product and company names or logos mentioned or displayed on or through the Services may be trademarks and/or service marks of their respective owners.
4. CONTENT
a. Content Submitted by You. From time to time, we may make available on these Services bulletin boards, chat rooms, comment areas, bulletin boards, forums, news groups, posting sections, or similar communication facilities that provide an opportunity to post, publish, distribute, transmit, broadcast, or otherwise make available or submit content via the Services. If so, we welcome your comments about our Services. However, any notes, messages, postings, ideas, suggestions, or other materials you submit to EssilorLuxottica (“User Generated Content”) must not harass, slander, defame, or threaten any third party or violate their rights and must not include any material that we may consider vulgar, obscene, indecent, pornographic, defamatory, unlawful, or otherwise objectionable. In addition, User Generated Content must not violate the intellectual property rights, privacy rights, personality rights or other proprietary rights of any person or entity. By submitting any or all User Generated Content, You grant EssilorLuxottica a non-exclusive, unrestricted, unconditional, unlimited, royalty-free, perpetual and irrevocable right and license to use, reproduce, copy, sell, resell, modify, alter, publish, publicly display, publicly perform, record, share, translate, transmit, broadcast, disclose, distribute or otherwise use or create derivative works from the User Generated Content, such that EssilorLuxottica has the right to use such User Generated Content for any kind of use and exploitation in any manner, including promotional and advertising purposes, forever, in all media now known or hereafter devised, without you being entitled to any compensation in this regard. You irrevocably waive and agree not to assert any moral rights in relation to the User Generated Content (and warrant that any person appearing in it does so). You expressly waive all rights, grounds, and actions regarding the inspection and approval of the finished product that may be produced and used in connection with your User Generated Content. By submitting any User Generated Content to us, You represent and warrant that You are at least the age of majority in the jurisdiction in which You reside and that You are the parent or legal guardian, or have all necessary consents from the parent or legal guardian, of any minor depicted in or contributing to any User Generated Content that You submit and that, with respect to the User Generated Content, You own all necessary rights, title, and licenses to such User Generated Content and that Your submission of such material to the Services will not violate or infringe any third-party rights or cause injury to any person, including, without limitation, intellectual property rights or privacy rights.
b. Non-Confidential Nature of Content Submitted by You. Except as otherwise provided in the applicable Additional Policies, you agree that (a) we will treat your User Generated Content as non-confidential and non-proprietary – regardless of whether you mark it as “confidential,” “proprietary,” or otherwise – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, EssilorLuxottica will not assume any obligation of any kind to you or any third party with respect to your User Generated Content. Upon request, you will provide the necessary documentation to authenticate the rights to such content and verify your compliance with these Terms or any applicable Additional Terms. You acknowledge that the Internet and mobile communications are not always secure and may be subject to security breaches. Accordingly, you acknowledge and agree that your User Generated Content is submitted at your own risk.
5. WEBSITE AND PRODUCT INFORMATION
a. We strive to ensure that all information on the Services is accurate and correct at all times. However, errors may occur. We will endeavor to resolve any errors in information on the Services as soon as possible and, if we believe that such an error has affected your use of the Website, we will make reasonable efforts to notify you through the contact details you have provided to us.
b. If at any time you have any questions or concerns, please contact us by email at: privacy@teamvisionteam.com.
6. RESTRICTIONS. You agree not to modify, distribute, or disclose the Services or create works based entirely or in part on them. You may not – and may not allow others to – sublicense, rent, sell, distribute, circulate, provide, transform, decode, decompose, disassemble, reverse engineer, modify, or translate the Services or create derivative works from them or modify or translate them or in any case reproduce, copy, use, or provide the Services, or any part thereof, in any way other than as expressly permitted herein or by public order laws. You acknowledge and agree that the acquisition of any content or data through the use of the Services is your sole responsibility and that you are solely responsible for any damage to the system or loss of data caused by the use of the service, even indirectly.
7. PRIVACY POLICY. Please review the EssilorLuxottica Privacy Policy located on our Website for a description of EssilorLuxottica’s practices regarding the collection and use of personally identifiable information (“PII”). By using the Service and visiting the Website, you further acknowledge, agree to, and consent to our practices regarding the collection and use of PII.
8. AVAILABILITY AND CONTINUITY OF SERVICE. You acknowledge and agree that EssilorLuxottica reserves the right, in its sole and absolute discretion, to temporarily or permanently (i) suspend or terminate the Services, (ii) disable all access to the Services, and/or (iii) restrict, suspend, or terminate your account for any reason.
9. LINKS TO OTHER SITES. We are not responsible for third parties or their content, advertisement(s), applications, or sites (“Third Party Services”). Our Services may facilitate access to other sites or online social media networks or pages for your convenience. These Third Party Services have not necessarily been reviewed by EssilorLuxottica and are operated by third parties over which EssilorLuxottica has no control. This may include the ability to register or log in to our Third Party Services tools and to post content to third party sites and services using their plug-ins made available on our Services. Use caution when dealing with third parties and review their terms of use and privacy policies. We disclaim all liability for Third Party Services. Accordingly, EssilorLuxottica expressly disclaims any liability for the content, material, accuracy of information and/or the quality of products or services provided by, available through or promoted on such Third Party Services. Furthermore, the inclusion of such links does not imply an endorsement of any third party or website or the products or services provided by a third party.
10. WARRANTY DISCLAIMER. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND UNLESS OTHERWISE EXPRESSLY PROVIDED IN OUR WARRANTY POLICY. ESSILORLUXOTTICA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE OR THE PRODUCTS YOU PURCHASE THROUGH THE WEBSITE FOR ANY PURPOSE AND EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR AND PROVIDES THE SERVICES (INCLUDING CONTENT AND INFORMATION) “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” SOME LAWS MAY PROHIBIT CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
11. HEALTH DISCLAIMER. ANY GENERAL HEALTH INFORMATION ON THIS WEBSITE IS INTENDED SOLELY TO FACILITATE COMMUNICATION BETWEEN YOU AND YOUR HEALTHCARE PROVIDER. THIS INFORMATION IS NOT INTENDED TO FORM A DIAGNOSIS OR REPLACE THE ADVICE OF A HEALTHCARE PROFESSIONAL. ALL SPECIFIC MEDICAL QUESTIONS SHOULD BE ADDRESSED TO A HEALTHCARE PROFESSIONAL
12. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ESSILORLUXOTTICA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR THE DELAYED OR INABILITY TO USE THE WEBSITE, THE SERVICES, OR THE USER-GENERATED CONTENT, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, ESSILORLUXOTTICA’S TOTAL LIABILITY FOR ANY REASON RELATED TO THE USE OF THE WEBSITE OR PRODUCTS PURCHASED THROUGH THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO ESSILORLUXOTTICA IN CONNECTION WITH THE SUBJECT MATTER OF THE PENDING DISPUTE.
13. INDEMNIFICATION. As permitted by applicable law, by using this Application, You agree to defend, indemnify, and hold harmless EssilorLuxottica, its parent and subsidiaries, and their respective directors, employees, and agents, from and against any loss, damage, liability, cost, or expense (including legal fees) asserted by any third party arising out of: (i) your use of and access to the Services; (ii) any User-Generated Content; (iii) your violation of any provision of these Terms; and (iv) your violation of any third-party rights, including, without limitation, rights of personality, privacy, or intellectual property. This indemnification will survive the term of your use of the Services.
14. ENFORCEMENT. You acknowledge that any breach, threatened or actual, of these Terms would cause irreparable harm to EssilorLuxottica, that such harm would not be quantifiable in terms of monetary damages, and that EssilorLuxottica would lack an adequate remedy at law. You therefore agree that EssilorLuxottica has the right, in addition to other available remedies, to seek and obtain injunctive or other appropriate equitable relief from a court of competent jurisdiction, preventing any breach, threatened or actual, of your obligations under any provision of these Terms.
15. TERM AND TERMINATION. These Terms will become effective upon your commencement of use of the Services. These Terms will automatically terminate if you fail to comply with their terms. Termination will be effective without notice. You may also terminate these Terms at any time by ceasing all use of the Services. Sections 3, 4, 7, 8, 9, 10, 11, 12, 14, 15 and this sentence of Section 16 will survive termination of these Terms for any reason.
16. WAIVER AND SEVERABILITY OF CLAUSES. Our failure to insist upon or enforce strict performance of any term of these Terms will not constitute a waiver of any subsequent breach or failure to perform. If any part of these Terms is determined to be invalid or unenforceable pursuant to any applicable law or court decision including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
17. APPLICABLE LAW AND JURISDICTION. These Terms of Use are governed by and construed in accordance with the laws of the Canadian province of British Columbia. Disputes relating to the Terms of Use or the use of the Website shall be subject to the non-exclusive jurisdiction of the courts of British Columbia.
18. INDEPENDENT PARTY. You are an independent party. No joint venture, partnership, employment, or agency relationship exists between You and EssilorLuxottica as a result of these Terms or your use of the Services.
19. ENTIRE AGREEMENT. These TOS, the Additional Policies, and any other agreements or terms relating to services, information, or licenses available through the Services represent the entire agreement between You and Luxottica with respect to the use of the Services and supersede any prior or contemporaneous electronic, oral, or written communications or proposals between You and Luxottica regarding the Services.
20. NO ASSIGNMENT. You may not assign or transfer any rights under this Agreement without the prior written consent of EssilorLuxottica.
21. Updates to the Terms. EssilorLuxottica may make changes to these Terms from time to time, at its sole discretion, by updating this posting on the Website, without notice to you. Your continued use of the Website following the posting of a new version of the Terms constitutes your acceptance of such changes. Therefore, each time you visit the Website, check whether a new version has been posted.
22. HEADINGS. Headings are used only to facilitate the reading of these T&Cs.