Terms & Condition

 

“TOM ARCHER”

Is the trading name for HRM INTERNATIONAL LIMITED, trading on the internet at http://tomarchereyewear.co.uk (herein referred to as Website), on the telephone at +44(0)1613125767, with the trading office at – TOM ARCHER, Unit-79 Ellesmere Shopping Centre, Manchester -M28 3ZD, UK. This Agreement for the Terms and Conditions of use of the Company’s Website/s (hereinafter referred to as ‘Agreement’) describes certain terms and conditions to access and use the Website/s of the Company by a visitor or a registered user and order products (hereinafter referred to as the “End User”, “You” or “Your”)

UK Company number – 10855134

 

 
1. ACCEPTANCE OF TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THE COMPANY RESERVES THE RIGHT TO ALTER, AMEND AND MODIFY THESE TERMS AND CONDITIONS AT ITS SOLE DISCRETION. ALL SUCH AMENDMENTS AND MODIFICATIONS WILL BE DULY NOTIFIED ON THIS WEBSITE. IF YOU ARE NOT AGREEABLE TO THE TERMS AND CONDITIONS WE REQUEST YOU NOT TO ACCESS THIS WEBSITE.

You expressly agree to be bound by this Agreement, irrespective of whether you are a registered member or a visitor, by using the information, tools, features and functionality located on this Website. As such, you agree to be bound by the terms and conditions detailed herein.
The Company recommends that, irrespective of whether you are a Visitor or a Registered Member who proposes to utilize the Service provided by the Company, to carefully read all the terms and conditions as provided herein. The said terms and conditions displayed are recommended to be saved for any future reference and for your own records. Or you may even take a print out of the same.
The Company expressly states that the Services provided or offered by this Website and the Agreement which you are required to be bound by is meant only for individuals/entities that are permitted to enter into and be bound by a legal contract as per the prevalent laws. In the event, if You are not legally permitted to enter into a contract or are for some reason either due to Your age or any other reason not permitted to enter into an Agreement, then, You are not permitted to utilize the Services provided by this Website or enter into this Agreement. In the alternative, you could order Products under parental supervision.
Your acceptance of this Agreement and utilization of Services implies and you expressly and implicitly represent to the Company that you are of the legal contracting age or operating under parental supervision and nothing will invalidate this Agreement. The Company has the right to bind you and your parents to this Agreement.
In the event that you are representing certain individual/s, company/ies, third parties or any entities, in any capacity, then, you expressly confirm that you have the valid authority and the right to do so for and on behalf of them. By entering into this Agreement, You state that you have the right to bind such individual/s, company/ies, third parties or any entities to this Agreement.
The Services made available on or through this Website has been made available to You for the specific purpose of enabling Users to purchase original merchandise such as eyewear (collectively, “Products”). It is not intended to be providing you with any nature of certification, guarantee or warranty or any professional advice and is a mere information and guidance. By accessing, browsing and using this Website/s, You agree and acknowledge that You understand this limited and restricted use, and agree that You will not rely on the information and materials contained in this Website for any purposes except as is intended. You further agree that in all actual matters, you are ultimately responsible for determining your specific requirements.
You are strictly prohibited from unauthorized use of our systems or this Website/s, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to this Website.
You acknowledge that the Company may disclose and transfer any information that You provide through this Website to (i) our affiliate or information providers, (ii) to any third party but strictly with Your permission, or (iii) if we are legally bound to disclose any information due to compulsions under the law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this Website You agree to such transfers.
You expressly agree and acknowledge that usage of the Website/s may be monitored, tracked and recorded. As such, You expressly consent to such monitoring, tracking and recording.
You are responsible for being familiar with the current version of these Terms and Conditions posted on the Website during each session. By the continued accessing of this Website or the Services, You implicitly agree to be bound by the revised terms and conditions. Any such revisions will be duly posted on this Website and the Company may, if it chooses, send you an e-mail in this regard.
 

 

 
2. CUSTOMER OBLIGATIONS
By making a purchase on TOM ARCHER you confirm:
  •  You are aged 16 or above and are not registered blind or partially sighted;
  •  You are in possession of a written prescription for your eyeglasses that has been given to you by a suitably qualified person in the last 24 months (or 12 months if you are aged 70 or over); and
  •  You will supply accurate details of your current prescription (including any notes on the prescription) when requested.

 

 
3. INFORMATION REQUIRED FROM YOU
Upon Your acceptance of agreeing to be a member and avail services from our Website/s, we would request You certain basic information for registration. Once You provide us with the details, we would request You for additional information in order to provide You with the services. However, we will not request You for any personal information or identity disclosure. All information provided form You will be treated as private and confidential. The same is more fully detailed under clause in Privacy Policy and Security – <link>
The Company hereby undertakes and confirms that the mechanism employed by the Company is more specific to users whereby no personal data or information is maintained or tracked or stored on Company’s servers or any third party servers. All such data or information shall at all times remain on Your machine or server only.
 

 

 
4. ORDER FOR AND SUPPLY OF PRODUCTS
  •  You will have to submit Your Order for the purchase of the Product as detailed under the Website/s.
  •  Once the order is submitted it an express intention to purchase the Product and the same may not be cancelled except as provided hereunder.
  •  Based on the information provided by You and subject to the Company’s verification of the same, the Orders will be accepted by the Company for processing.
  •  All orders will be processed once the Company receives the payment for the Product.
  •  You acknowledge that with respect to prescription glasses the Company reserves the right to verify the same with Your prescribing doctor as well as independent qualified optician. And the acceptance of the order by the Company is subject to the same.
  •  All orders will be confirmed via e-mail.
  • The Company will use its best efforts to ensure that order placed by You is successfully processed subject to the availability of the Product/s. In the event the Product/s is sold out or unavailable, the Company will intimate You regarding the same and either refund Your money or provide you with an opportunity to purchase a different Product of the same value.

 

 
5. PRICING AND PAYMENT
  •  The prices for Product/s are described on the Website/s and are incorporated into these terms by reference. The prices, products and services are subject to change at the Company’s discretion.
  •  All prices are exclusive of any tax that may be required to be remitted to tax authorities.
  •  The Company will use its best efforts to ensure that the accuracy of the prices and price related information stated on the Website/s. The Company does not make any representation that the prices quoted on the Website/s will match the offers provided by stores.
  •  In the event of any inadvertent mistake by the Company in quoting the price, the Company will notify You of the error before Your payment is processed. You will then have the choice to either accept the correct price or to cancel Your Order.
  •  The Company accepts the following form of payments: a) Online payment via Credit Card, Debit Card, Net Banking.
  •  You agree, understand, confirm and state that the card details provided by You to transact on the Website will be correct, accurate and is owned by You. In the event You use the card belonging to any third party, then, You confirm that you have been authorized to or expressly permitted by such third party to use the card for making payments.
  •  The Company will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on the User and the onus to ‘prove otherwise’ shall be exclusively on the User.
  •  In addition to all other remedies available under law and equity and as detailed under this Agreement, the Company reserves the right to recover the cost of Product/s, collection charges, attorney’s charges etc., from an User using the Website/s fraudulently. Further, the Company reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website/s and any other unlawful acts or acts or omissions in breach of these terms and conditions.

 

 
6. LINKS TO THIRD PARTY SITES
As part of availing the Services, You as a member will provide us Your personal information either to retrieve or collect data or information from third party websites. Such third party websites may be maintained by such financial institutions with whom You have an account, bank with or have created certain liabilities. The Company does not and cannot assume any responsibility or accuracy for such information or data maintained by such third party either in terms of updation, accuracy, deletion, non-delivery or failure to store data, communications, etc.
The Website may provide, or third parties may provide, or the Website may contain links to other World Wide Web sites or resources. The responsibility for the operation and content of those websites shall rest solely with the organization identified as controlling the third party website and will be governed by separate terms and conditions. Links are provided for convenience and inclusion of any link does not imply endorsement in any way of the site to which it links.
Because the Company has no control over such sites and resources, You acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

 

 

7. REGISTRATION AND USE
You agree and understand that You are responsible for maintaining the confidentiality of all information provided to the Company while registering Yourself, which includes Your login ID, e-mail address and the passwords for the same. You are fully responsible for all activities that occur under Your e mail address password or account and You shall ensure that You exit from Your account at the end of each session.
The Company will send all correspondences, notices and any other communication to the e-mail address furnished by You. In case of any change in the said e-mail address, it is Your duty to update or change the same.
The Company shall maintain utmost secrecy and use all the security measures to ensure that the information is not misused by any third party.

 

 

8. LEGAL USES
Further, You agree and understand that Your right to access and use the Services offered on this Website is personal to You and is not transferable by You to any other person or entity.
You understand that You are authorized to access and use the services only for legal and lawful purposes.
You further undertake and state that by using the services You are in no way impersonating or misrepresenting any person or entity. All services availed are for Yourself only. In the event You are representing individual/s, company/ies, third parties or any entities, You undertake and state that You are authorized to represent such individual/s, company/ies, third parties or any entities. You shall be solely responsible for the consequences arising out of such acts and the Company shall not be held responsible or liable in anyway to any person or entity.
Any changes in Your registration information must be duly updated by You.
Your access and use of this Website may be interrupted from time to time for any of the several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Website or other actions that the Website, in its sole discretion, may elect to take. We at the Company utilize our best efforts to provide the Services without any interruptions or hindrance, however, we do not warrant that the function, operation, security or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available will be free of viruses or other harmful elements. As a user of the Website, You agree that Your access will be subject to these terms and conditions and that access is undertaken at Your own risk. We shall not be liable for damages of any kind related to Your use of or inability to access the Website.

 

 

9. STORAGE, DELETION OR TRANSPORT OF DATA
The Company states that the data provided by You shall belong solely and exclusively to You. As such, You are permitted to remove or delete the data, so provided, either in full or any portion, at any point in time as You desire. The Company requests You to notify the Company of such removal or deletion.
In the event, You desire the Company to remove or delete all or any portion of the data belonging to You, then, the same needs to be provided in writing to the Company. Upon receipt of such written request, the Company will do the needful forthwith and notify You of the same. The Company will not retain any copies of such data on its server or in any other place.
In this regard, the Company warrants that it cannot access such deleted material at any point in time. Any contact, information or access that the Company had towards such data or material or accounts will cease forthwith. However, certain portions of Your data, which the Company had maintained on its servers may remain either in backups or in transaction logs. These are maintained only for the specific purpose of backup or to provide Services to You in the event of any malfunction or damage to our server in order to ensure continuity of our service without disruption.

 

 

10. RIGHTS GRANTED BY YOU
As the provision of Services includes You providing us with information, data, passwords, usernames, personal identification numbers and other materials and contents, suggestions, ideas, feedback, etc., You are hereby expressly granting us the license and right to utilize the same for and on Your behalf in order to provide the Services.
The Company may or will use such information with the sole purpose for providing You the required Services and not for any other purpose. As such, You hereby warrant and represent that You are duly authorized to submit or represent the third party on behalf of whom You are providing these information to the Company. Further, You acknowledge and agree that these materials, suggestions, feedback and information can be utilized without any obligation or restriction on the Company in terms of payment of fee or any other limitations for marketing, promoting, advertising or other purposes.
By using the Service, You expressly authorize the Company to access Your accounts maintained by identified third parties, on Your behalf as Your agent. When You use the specified feature of another additional account of the Service, You will be directly connected to the website for the third party You have identified. The Company will submit information including usernames and passwords that You provide to log you into the site. You hereby authorize and permit the Company to use information submitted by You to the Service (such as account passwords and users names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which You submit Your information.
 
 
11. YOUR POSTINGS ON WEBSITE
We, as part of our Service, encourage and permit You to post Your messages or content on any publicly available forums, blogs and other locations on the Website.
By using or posting messages or data or any other information on such forums, blogs and other public locations, You expressly agree that You and only You, are responsible for all the matters contained in such content. You further, represent and warrant to us that You have all the necessary rights to post such messages or information or content and grant us a perpetual, worldwide, royalty free, non-exclusive, transferable and sub licensable right to use, reproduce, distribute, display, modify, amend, perform, etc of such content or information to promote, modify or redistribute this Website, including preparation of any derivative works thereof, in any form and through any medium without any restrictions thereof. You expressly agree that all the rights granted under this paragraph will also be available to each and every user of this Website.
Further, if You intend to use a forum, a blog or any other feature available on this Website, then, You should make an independent and informed choice about submitting Your personal identifiable information. All personally identifiable information submitting on such forums, blogs or community features can be read, collected or used by any third party. There is a danger of such information being misused or misappropriated. We do not have control over such actions and we are not responsible or liable for the personally identifiable information that You as a user have chosen to submit on a public platform.
In case of any violation of this condition, then, the Company reserves the right to forthwith stop your participation on such public forums.

 

 
12. INTELLECTUAL PROPERTY
You acknowledge and agree that this Website and any necessary software used in connection with the Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content or software on this Website, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material is protected by national and international laws relating to copyrights, trademarks, service marks, patents or other proprietary rights. Except as expressly authorized by the Company You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this Website, the Services offered thereto or any software thereto, in whole or in part.
All trademarks, service marks, and logos used and displayed on this Website are registered to and/or owned by their respective owners. Nothing on this Company Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks, service marks and logos displayed on the Website, without the prior written consent and permission of the Company or the respective owners.
You may download or print a copy of information provided on this Website for Your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from this Website in whole or in part for any other purpose is expressly and explicitly prohibited without our prior written consent.