The Prescription Checker is offered by Ace & Tate Holding B.V. and Ace & Tate E-com B.V., Stephensonstraat 19, 1097 BA Amsterdam, The Netherlands ("Ace & Tate"), registered with the Dutch Chamber of Commerce under number 56577710 in partnership with GOLenses app from 6 Over 6 Vision Ltd.
The Prescription Checker is not intended for, and should not be used by, any person or entity in any jurisdiction or country where such use would not be in compliance with local laws or regulations.
YOU WARRANT AND REPRESENT THAT THE PRESCRIPTION UPON WHICH THE GLASSES SCANNED UNDER THE PRESCRIPTION CHECKER WAS ISSUED IN ACCORDANCE WITH, AND STILL VALID UNDER, THE LAWS AND REGULATIONS APPLICABLE TO YOU, AND THAT YOUR PRESCRIPTION WAS NOT ISSUED MORE THAN 24 MONTHS PRIOR TO THE USE OF THE PRESCRIPTION CHECKER.
You warrant and represent that the glasses scanned using the Prescription Checker were issued for a person who
(a) does not suffer from a medical condition which may influence the results of Prescription Checker or their applicability, including without limitation amblyopia, diabetes, hypertension, glaucoma, cataracts, retinal detachment, crossed-eyes, brain injuries, neurological issues, etc, and/or
(b) does not suffer from vision discomfort or symptoms of acute eye pain, flashes and/or floaters in eyes.
WE DO NOT PROVIDE MEDICAL ADVICE AND OUR SERVICES DO NOT CONSTITUTE THE PRACTICE OF MEDICINE AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. WE ENCOURAGES YOU TO SHARE ANY INFORMATION GENERATED BY USE OF THE PRESCRIPTION CHECKER WITH YOUR TREATING HEALTH CARE PROVIDER. YOU ARE RESPONSIBLE FOR MAKING SURE THAT INFORMATION PROVIDED TO YOU THROUGH THE PRESCRIPTION CHECKER SERVICES IS ACCURATE AND MEDICALLY CORECT. You agree and acknowledge that Prescription Checker results, may be influenced and/or distorted as a result of various factors such as a health condition, your non-adherence to the instruction of Prescription Checker and/or the hardware utilised by you (e.g. smartphone, tablet or computer).
3. License Conditions and Restrictions
You may not:
(a) use, reproduce, modify, rent, lease, distribute, resell, publish, sublease, sublicense, or transfer the Prescription Checker;
(b) create derivative works, or make, have made, sell or distribute any derivative works, based on the Prescription Checker;
(c) reverse engineer, disassemble, or decompile the Vendor product, or attempt to reduce any code of the Prescription Checker to human readable form (except that you may decompile the Prescription Checker for the purposes of interoperability only to the extent permitted by and subject to strict compliance under applicable law); or
(d) disable or attempt to disable any security features of the product, including any access control methods or locking mechanisms within the Prescription Checker.
We and our suppliers and licensors retain any and all rights, title and interest in and to the Prescription Checker, including all copies, improvements, enhancements, modifications and derivative works based on the Prescription Checker (“Improvements”). All rights not expressly granted to you are retained by us or our suppliers or licensors. You will not challenge, contest or otherwise impair our ownership of the Prescription Checker or the validity or enforceability of our or our suppliers or licensors intellectual property rights related thereto.
5. DISCLAIMER OF WARRANTIES
YOU ASSUME ALL RISK AND RESPONSIBILITIES FOR THE SELECTION OF THE PRESCRIPTION CHECKER TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRESCRIPTION CHECKER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS PROVIDE THE PRESCRIPTION CHECKER AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THE PRESCRIPTION CHECKER AND ANY ACCOMPANYING DOCUMENTATION, QUIET POSSESSION OR QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE VTHE PRESCRIPTION CHECKER IS ERROR-FREE, RELIABLE, OR FREE FROM BUGS OR VIRUSES.
6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE PRESCRIPTION CHECKER, INCLUDING ANY INFORMATION CONTAINED IN OR COMPILED BY THE PRESCRIPTION CHECKER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE PRESCRIPTION CHECKER, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR TTHE PRESCRIPTION CHECKER. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
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