“Beneficial Vision” (Care Harmony Corp) and its associates maintain this website (the "Website") and its contributions to Partner Sites (as defined below, and collectively with the Website, the "Sites") as a service to its customers and partners.
By using the Sites, you agree to comply with and be bound by the following terms and conditions (the "Agreement"), which we may change at any time by posting notice on the Website. PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If you do not agree to these terms and conditions, please do not use the Sites. Use of our Sites is limited to individuals who can form legally binding contracts under applicable law, and without limiting the foregoing, our services are not available to minors.
In addition, when using any particular service of the Sites, you may be subject to additional guidelines or terms and conditions applicable to such services that may be posted from time to time, which are hereby incorporated into this Agreement.
Using the Sites
Beneficial Vision has agreed to provide certain of its content and other propriety material to its partners (the "Partners") on their websites (the "Partner Sites"). All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), and other content of the Website, all of the foregoing provided by Beneficial Vision to the Partner Sites, and any of the foregoing sent to you by e-mail or other means (collectively, the "Sites Content") are proprietary to us or to third parties.
All software used on the Sites is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited.
The marks Beneficial Vision and Beneficial Vision Contact Lens are proprietary to us, and they may not be used in connection with any service or products other than those provided by Beneficial Vision, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Beneficial Vision.
You agree, and represent and warrant, that your use or other exploitation of the Sites and the Sites Content, or any portion thereof, will be consistent with the foregoing license and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Sites, the Sites Content or your use of them, and you will be solely responsible for your own individual violations of any of them.
Permitted Use, Limitations on Use
You may access and download the Material you pay for only as required to view the Material on your web browser for your individual use, maintaining all copyright and other notices on the Material. You may print a single copy of Material for your use. You may not republish or distribute any Material or use the Material, in any fashion that is not specifically permitted in this Agreement. You agree to comply with all notices and requirements accompanying Third-Party Content.
Links to Third Party Sites Are Not Endorsements
The Sites contains links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Beneficial Vision. Links to merchants or advertisers are owned and operated by independent retailers or service providers, and therefore, we are unable to ensure that you will be satisfied with their products, services or business practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
Warranty Disclaimer And Limitation of Liability
Beneficial Vision makes no representations or warranties of any kind regarding the Sites and the Sites Content. The Sites and Sites Content are provided in "AS IS" condition, and BENEFICIAL VISION EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SITES AND THE SITES CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SITES OR THE SITES CONTENT, (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITES OR THE SITES CONTENT AND (v) AS TO ANY PARTNER SITE OR ITS CONTENTS. No advice or information, whether oral or written, obtained by you from Beneficial Vision or through the Sites or Sites Content will create any warranty not expressly stated herein.
YOU USE THE SITES AND THE SITES CONTENT AT YOUR OWN RISK, AND BENEFICIAL VISION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THEIR OPERATION, USE OR OTHER EXPLOITATION. You waive and covenant not to assert any claims or allegations of any nature arising from or relating to the operation, use or other exploitation of the Sites or the Sites Content, including any allegation or claim that Beneficial Vision has or should indemnify, defend, or hold you harmless from any claim or allegation arising from the operation, use or other exploitation of the Sites or the Sites Content.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM BENEFICIAL VISION OR ANY OF ITS PARTNERS ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SITES OR SITES CONTENT, EVEN IF BENEFICIAL VISION OR ITS PARTNERS HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Your Indemnity of Beneficial Vision and its Partners; Termination of Use
You agree to indemnify and hold Beneficial Vision and its Partners harmless from all causes of action, claims and allegations (whether threatened or pending), costs, fees, charges, and expenses (including reasonable attorneys' and professionals' fees), judgments, damages, losses, and liabilities arising from or relating to the breach or alleged breach of your duties or obligations under this Agreement or your use of the Sites or Sites Content. For any indemnified matter, Beneficial Vision and its Partners will have full control of the response thereto and the defense thereof, including, without limitation, any agreement relating to the settlement thereof, and you will cooperate with Beneficial Vision and its Partners in such matter.
Beneficial Vision and any of its Partners may, at their option, terminate any person or entity's access to any or all of the Sites upon any breach of the terms and conditions of this Agreement.
Applicable Law and Jurisdiction
The Sites (excluding links) are controlled by Beneficial Vision and operated by Beneficial Visionfrom its offices in and around Hollywood, Florida. Although Beneficial Vision has made no effort to publish the Sites elsewhere, because the Sites are published on the World Wide Web it is accessible in other countries. As each of these places has laws that may differ from those of Florida and from each other, and as you and Beneficial Vision both benefit from establishing a predictable legal environment in which to operate, use or otherwise exploit the Sites, by using the Sites you and Beneficial Vision agree that all matters arising from or relating to the use and operation of the Sites will be governed by the substantive laws of the Republic of China, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Sites will be heard and resolved in the courts in Broward County, Florida. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you choose to gain access to the Sites from locations other than US, you will be responsible for compliance with all local laws of any such other location.
No delay or omission by Beneficial Vision in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Beneficial Vision of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to". The captions of this Agreement have been inserted solely for convenience of reference, in no way define or limit the scope or substance of any provision of this Agreement, and will not be considered in interpreting this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and Beneficial Vision regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter.
Pre-Order Terms and Conditions
These Pre-Order Terms and Conditions (“Terms”) govern the placing of pre-orders ("Pre-Order") with “Beneficial Vision” (“we”, “ us”, or “Beneficial Vision”) for our IR/AR lens and other accessories ("Products"). “Beneficial Vision” is a trade mark owned by Care Harmony Corp. Please read these Terms carefully before submitting your Pre-Order of any “Beneficial Vision” Products. By submitting your Pre-Order, you agree to be legally bound by these terms.
1. Pre-Order Reservation
You acknowledge and agree that Beneficial Vision may decline or delay reservations to avoid oversubscription or as it deems appropriate, provided that we will make efforts to inform you within two (2) weeks of our receipt of your Pre-Order, and that you will be entitled to a full refund of the purchase Price.
You will be charged the full Price of the Products at the time of placing the Pre-Order. If Beneficial Vision is unable to commence shipping the Products on or before the one-year anniversary of your placing the Pre-Order, Beneficial Vision shall process a full refund to you. Your placing of a preorder constitutes your express agreement to Beneficial Vision of charging the full Price of the Products at such time.
Beneficial Vision will build Products according to the order in which the Pre-Order is received. This position does not imply receiving a particular number associated with your Products. If you cancel or forfeit your reservation in accordance with the terms of this Agreement, your position will be taken by the next person on the Product reservation list. Notwithstanding the foregoing, you acknowledge and agree that we may need to build and use Products for a variety of purposes, such as in-house and third-party testing, evaluation, and display prior to fulfilling Product reservations. Furthermore, we may in our discretion prior to fulfilling Product reservations offer for sale to the public (for instance, by auctioning off) a limited number of Products. Please consult our website or our newsletter for more information about such events.
4. Delivery Schedule
Although we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and Beneficial Vision does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, Beneficial Vision is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you periodical updates with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your reservation as provided for in Section 6 below.
You or Beneficial Vision may cancel this reservation by terminating the Pre-Order at any time for any or no reason prior to our notice to you that your Product is ready for delivery. If you do so prior to our notice of delivery, you will obtain a refund of the purchase Price without interest. If Beneficial Vision cancels your reservation you will receive a full refund of the purchase Price without interest (and you will not pay any processing fee).
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL BENEFICIAL VISION BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT BENEFICIAL VISION IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR PURCHASE PRICE WITHOUT INTEREST.
8. Terms and Conditions of Sale
The purchase of the Products is subject to additional terms and conditions provided by Beneficial Vision, including in respect of any software included in the Products or intellectual property embodied in the Products or data collected by the Products.
9. Age and Residency
You acknowledge that you are at least 18 years old and will take delivery of your Product in the country of your residency. You acknowledge and agree that Beneficial Vision will initially focus its service efforts on certain geographical areas, and may expand to other areas as the company grows.
10. Customer Information
BENEFICIAL VISION DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE PRODUCT DISPLAYED BY BENEFICIAL VISION WHETHER BEFORE OR AFTER YOU HAVE PLACED THE PRE-ORDER. YOU UNDERSTAND AND AGREE THAT THE PRODUCT, ITS DESIGN AND TECHNICAL FEATURES ARE CURRENTLY UNDER DEVELOPMENT AND THAT THE PRODUCT THAT MAY BE AVAILABLE FOR PURCHASE BY YOU MAY BE MATERIALLY DIFFERENTLY FROM THE PROTOTYPE PRODUCT. IF FOR ANY REASON YOU ARE UNHAPPY WITH THE FINAL VERSION OF THE PRODUCT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO CANCEL YOUR PRE-ORDER AS DESCRIBED IN SECTION 6 ABOVE.
12. Changes to the Terms
Beneficial Vision reserves the right to change any of the terms for any or no reason. We will provide notice of any material changes and, if you are unhappy with such changes, your sole and exclusive remedy will be to cancel your reservation as described in Section 6 above.
13. Miscellaneous Provisions
These Terms constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties. This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Florida. The venue for any actions relating to the subject matter or enforcement of this Agreement shall be in the Broward County, the place were this Agreement was entered and is to be performed. You may not assign this Agreement or any of the rights granted to you hereunder.