TERMS AND CONDITIONS

(EFFECTIVE AS OF JULY 16, 2024)

TERMS OF USE

IMPORTANT - These TOU together with our Privacy Policy, terms of sale and returns and exchange policy ("Additional Policies") are a legal agreement (“Agreement”) between you ("You", or “you”) and EssilorLuxottica Canada Inc., its parents, subsidiaries, affiliates, representatives, officers, and directors (collectively, “EssilorLuxottica”, “us”, “we”, or “our”), as owner of www.oakley.com/en-ca (the “Website”), and govern your use of the Website. Please read this TOU carefully before using the Website and any online services software or apps (collectively “Services”) provided by EssilorLuxottica. By using or continuing to use our Services, You agree to be bound by and accept the TOU in effect at the time of such use. Your use of our Services is expressly conditioned upon your agreement to these TOU. EssilorLuxottica may make changes to these TOU, from time to time, in 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 TOU constitutes your acceptance of any such changes. Accordingly, whenever you visit our Website, check to see if a new version has been posted.

1. LICENSE GRANT

2. USER REPRESENTATIONS

3. PROPRIETARY RIGHTS

4. CONTENT

5. INFORMATION ABOUT THE WEBSITE AND THE GOODS

6. CREATING AN ACCOUNT

7. RESTRICTIONS

8. PRIVACY POLICY

9. AVAILABILITY AND CONTINUITY OF SERVICE

10. LINKS TO OTHER SITES

11. WARRANTY DISCLAIMER

12. HEALTH DISCLAIMER

13. LIMITATION OF LIABILITY

14. INDEMNITY

15. ENFORCEMENT

16. TERM AND TERMINATION

17. WAIVER & SEVERABILITY

18. APPLICABLE LAW & VENUE

19. INDEPENDENT PARTY

20. ENTIRE AGREEMENT

21. NO ASSIGNMENTS

22. UPDATES TO TERMS

23. HEADINGS

1. LICENSE GRANT

The Service and all of its content (“Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by EssilorLuxottica, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of EssilorLuxottica, our licensors or certain other third parties, and is protected by Canada and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. EssilorLuxottica owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service. EssilorLuxottica hereby grants to 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 and conditions of this TOU. Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Services in any manner not expressly permitted herein. In addition, this license does not include any use of data mining, robots, or similar data gathering and extraction tools nor any attempt to violate or any violation of the Website’s security or attempt to interfere or any interference with the Website’s ability to work properly.

USER REPRESENTATIONS

In order to use the Website, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or 16 years or older and have your parent or guardian's consent to the Agreement. The Website is not intended for children under the age of 16 and no person under the age of 16 may use the Website. If you use the Website, you are confirming that you are at least 16 years old. This Website is directed at users in Canada only (and ships product to Canada only).

PROPRIETARY RIGHTS

This TOU provides only a limited license to You to access and use the Services. Accordingly, You expressly acknowledge and agree that EssilorLuxottica transfers no ownership or Intellectual Property interest or title in and to the Services to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Services, unless otherwise indicated, are owned, controlled, and licensed by EssilorLuxottica. Oakley, the Oakley logo(s), and all other names, logos, and icons identifying Oakley and its products and services are proprietary trademarks of EssilorLuxottica and any use of such marks, including, without limitation, as domain names, account identifiers, or as 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 the trademarks and/or service marks of their respective owners

CONTENT

a.Content submitted by You. From time to time We may make available on this Services bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communication facilities that offer the opportunity to post, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Services. In such instances, We welcome your comments on our Services. However, any notes, messages, billboard postings, ideas, suggestions, or other material which You submit to EssilorLuxottica ("User-Generated Content") must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory, unlawful, or otherwise objectionable material all as determined by us. Furthermore, User-Generated Content must not infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of any person or entity. Upon your submission of any and all User-Generated Content, You grant EssilorLuxottica a non-exclusive, unrestricted, unconditional, unlimited, cost-free, royalty-free, perpetual, irrevocable right and license to use, reproduce, copy, sell, re-sell, modify, alter, publish, publicly display, publicly perform, record, post, translate, transmit, broadcast, disclose, distribute, make derivative works of, and otherwise use the User-Generated Content, such that EssilorLuxottica shall be and is entitled to use such User-Generated Content for any type of use and exploit in any manner whatsoever, including promotional purposes and advertising, in perpetuity, in any and all media whether now known or hereafter devised, without any compensation to you. You irrevocably waive and agree not to assert (and warrant that all individuals featured have waived and agreed not to assert) any moral rights in connection with the User-Generated Content. You expressly waive any and all rights, grounds and actions concerning 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 are the parents or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that as to User-Generated Content you hold all necessary right, title and license to such User-Generated Content and that your submission of such materials to the Services does not and will not violate or infringe the rights of any third-parties or cause any harm to any person, including but not limited to intellectual property or privacy rights.
b. Non-confidentiality of content submitted by You. Except as otherwise described in any applicable Additional Policies you agree that (a) your User-Generated Content will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, EssilorLuxottica does 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 documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable additional terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; according, you acknowledge and agree that your User-Generated Content is submitted at your own risk.

INFORMATION ABOUT THE WEBSITE AND THE GOODS

a. We try to make sure that all information on the Services, including descriptions of our goods and listed prices, is accurate and correct at all times. However, mistakes do happen. We will try to resolve all errors in information on the Services as soon as reasonably possible and if We think that such an error has affected your order We will make reasonable efforts to notify You via the contact information You provided to us on your account or during your order.
b. Buying goods over the internet provides a different shopping experience from buying in-store. In particular, please be aware that: (i) the colors of goods as shown on the Services will depend on many factors – including your display settings; (ii) the actual sizes and shapes of the goods may differ from how they appear on your screen; (iii) pictures and images on the Services are for illustration purposes only – for an accurate description of any item and details of what is included with the item, please refer to the corresponding written description; (iv) all goods are subject to availability and We may not be able to supply your order; (v) We will do our best to arrange delivery of your goods within a reasonable time of ordering and the ship date as set out in the shipping confirmation email, but please note that all tracking information is provided to Us by our delivery service provider and are estimates of delivery only (more information about delivery is provided below); (vi) not all goods and promotions that are offered on the Services will be available in-store, and vice versa. We reserve the right to adjust prices, goods and special offers at our discretion and (vii) virtual model may distort or otherwise not provide an accurate representation of the product and its color(s), textures, size as well as your face and facial features and the fit of the glasses.
c. If at any time you have any questions or concerns, please contact us at the information found at the following link.

CREATING AN ACCOUNT

If You register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your device and for all activity under your account. Usernames and passwords must be personal and unique that do not violate the rights of any person or entity, and is not offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us of any unauthorized use of Your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. We may suspend or close an account for fraudulent condition and/or violations of these TOU. You will not sell, transfer, or assign your account or any account rights. In addition, accounts may only be set up by an authorized representative of the individual that is the subject of the account and who is of the age of majority. We do not review accounts for authenticity, and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.

RESTRICTIONS

You agree not to modify, distribute, disclose or create works wholly or partially based on the Services. You cannot (nor allow third parties to) sub-license, rent, sell, distribute, circulate, provide, transform, de-codify, break down, disassemble, reverse engineer, create derivative works of, modify or translate the Services, or in any case reproduce, copy, use or provide the Services, or parts of it, in any other manner except for that expressly permitted herein or permitted by mandatory law. You acknowledge and accept that the acquisition of any content or data through use of the Services is solely your responsibility and that You are solely responsible for any damage to the system or loss of data caused by using the service, even indirectly.

PRIVACY POLICY

Please review EssilorLuxottica's Privacy Policy on our Website for a description of EssilorLuxottica's personally identifiable information (“PII”) collection and use practices. By using the Service and visiting the Website, you also acknowledge, agree and consent to our PI collection and use practices as described in our Privacy Policy.

AVAILABILITY AND CONTINUITY OF SERVICE. 

You acknowledge and accept that EssilorLuxottica reserves the right, at its own and complete discretion, to temporarily or permanently (i) suspend, terminate, or eliminate the Services, (ii) disable any access to the Services, and/or (iii) restrict, suspend, or terminate your account for any reason.

LINKS TO OTHER SITES

We are not responsible for third parties or their content, advertisement(s), apps or sites (“Third-Party Services”). Our Services may facilitate access to other sites or on-line social media networks or pages for your convenience. These Third- Party Services have not necessarily been reviewed by EssilorLuxottica and are maintained by third parties over which EssilorLuxottica exercises no control. This may include the ability to register or sign into our Services third-party tools, and to post content on third-party sites and services using their plug-ins made available on our Services. Use caution when dealing with third parties and consult their terms of use and privacy policies. We take no responsibility for Third-party Services. Accordingly, EssilorLuxottica expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these Third-Party Services. Moreover, inclusion of any links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.

WARRANTY DISCLAIMER.

AS PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN OUR WARRANTY POLICY ESSILORLUXOTTICA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE OR ANY GOODS PURCHASED BY YOU THROUGH THE WEBSITE FOR ANY PURPOSE AND EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS INCLUDING, WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT, AND DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND PROVIDES SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND “WITH ALL FAULTS” BASIS. SOME LAWS MAY NOT PERMIT CERTAIN DISCLAIMERS SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

HEALTH DISCLAIMER

ANY GENERAL HEALTH INFORMATION ON THIS WEBSITE IS ONLY INTENDED TO FACILITATE COMMUNICATION BETWEEN YOU AND YOUR HEALTHCARE PROVIDER. IT IS NOT INTENDED FOR DIAGNOSIS OR AS A SUBSTITUTE FOR SEEKING PROFESSIONAL MEDICAL ADVICE. ALL SPECIFIC MEDICAL QUESTIONS SHOULD BE DIRECTED TO A PROFESSIONAL HEALTHCARE PROVIDER.

LIMITATION OF LIABILITY

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ESSILORLUXOTTICA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, SERVICES, OR USER-GENERATED-CONTENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF ESSILORLUXOTTICA FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO ESSILORLUXOTTICA IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.

INDEMNITY 

As permitted by applicable law, by using this application, You agree to defend, indemnify and hold harmless EssilorLuxottica and its parent and affiliates, and their directors, employees and agents, against any loss, damage, liability, cost, expense (including legal fees) asserted by any third party and arising from: (i) your use of and access to the Services; (ii) any User-Generated Content; (iii) your breach of any of these TOU; and (iii) your infringement of any third party rights, including without limitation any property, privacy or intellectual property rights. This indemnity shall survive the duration of your use of the Services.

ENFORCEMENT

You acknowledge that any breach, threatened or actual, of this TOU will cause irreparable injury to EssilorLuxottica, such injury would not be quantifiable in monetary damages, and EssilorLuxottica would not have an adequate remedy at law. You therefore agree that EssilorLuxottica shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU.

TERM AND TERMINATION

This TOU will take effect at the time You begin using the Services. This TOU will terminate automatically if You fail to comply with its terms and conditions. Termination will be effective without notice. You may also terminate this TOU 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 this Section 16, will survive the termination of this TOU for any reason.

WAIVER & SEVERABILITY

Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent or other default or failure of performance. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.

APPLICABLE LAW & VENUE

These TOU shall be governed by and construed in accordance with the laws of British Columbia, Canada. Disputes arising in connection with the Terms of Use or use of the Website shall be subject to the non-exclusive jurisdiction of the courts of British Columbia.

INDEPENDENT PARTY

You are an independent party. No joint venture, partnership, employment, or agency relationship exists between You and EssilorLuxottica as a result of this TOU or your utilization of the Services.

ENTIRE AGREEMENT

This TOU, the Additional Policies and any other agreement or terms or conditions for services, information, or licenses available through the Services represent the entire agreement between You and Luxottica with respect to use of the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Luxottica with respect to the Services.

NO ASSIGNMENTS

You may not assign or transfer any rights under this Agreement without the prior written consent of EssilorLuxottica.

UPDATES TO TERMS

EssilorLuxottica may make changes to these TOU, from time to time, in 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 TOU constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been posted.

HEADINGS

Headings are for convenience only.