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Terms of Service

Please read these terms and conditions carefully before using our contact lens services.

Acceptance of Terms

By accessing and using the services provided by NoMariq Vision Care, you accept and agree to be bound by the terms and provision of this agreement. These terms constitute a legally binding agreement between you and NoMariq Vision Care regarding your use of our website and services. If you do not agree to these terms, you should not use our services or access our website.

These terms apply to all visitors, users, and customers who access or use our services, whether you are browsing our website, placing orders, or engaging with our customer support. Your use of our services signifies your acceptance of these terms and your agreement to comply with all applicable laws and regulations.

We reserve the right to modify or update these terms at any time without prior notice. Your continued use of our services after any changes constitutes your acceptance of the revised terms. We encourage you to review these terms periodically to stay informed of any updates.

Service Description

NoMariq Vision Care provides contact lens sales and related eye care services to customers in Manila, Philippines. Our services include the sale of daily disposable contact lenses, monthly contact lenses, colored contact lenses, and professional consultation services. We offer home delivery throughout Metro Manila and surrounding areas to ensure convenient access to our products.

All contact lenses sold through our platform are sourced from reputable manufacturers and comply with relevant safety and quality standards. We maintain appropriate storage conditions and handling procedures to ensure product quality and safety. Our team includes qualified professionals who can provide guidance on lens selection and proper usage.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We may also impose limits on certain features or restrict access to parts of our services without notice or liability. These changes may be necessary for maintenance, security, or business reasons.

User Responsibilities

As a user of our services, you are responsible for providing accurate and complete information when placing orders or communicating with us. This includes your contact information, delivery address, prescription details, and any other information necessary for order fulfillment. You must notify us immediately of any changes to your information to ensure proper service delivery.

You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You must not share your account credentials with others or allow unauthorized access to your account. If you suspect any unauthorized use of your account, you must notify us immediately.

You agree to use our services only for lawful purposes and in accordance with these terms. You must not use our services to engage in any fraudulent activities, violate any applicable laws, or infringe on the rights of others. You are also responsible for complying with all local laws and regulations regarding the purchase and use of contact lenses.

Product Information and Availability

We strive to provide accurate product descriptions, images, and specifications on our website. However, we do not warrant that product descriptions or other content on our website are accurate, complete, reliable, or error-free. Product images are for illustration purposes only and may not reflect the exact appearance of the actual product. Colors and details may vary due to photographic lighting and monitor settings.

Product availability is subject to change without notice, and we cannot guarantee that any particular product will be available when you place an order. We reserve the right to limit quantities of products available for purchase and to refuse orders for any reason. In the event that a product is unavailable after you have placed an order, we will notify you and provide options for substitution or refund.

Prices for our products are subject to change without notice, and we reserve the right to modify prices at any time. The price charged for any product will be the price in effect at the time of order placement. We make every effort to ensure pricing accuracy, but errors may occur, and we reserve the right to correct any pricing errors.

Ordering and Payment

When you place an order with us, you are making an offer to purchase the products subject to these terms. We reserve the right to accept or reject any order at our discretion. Order acceptance and the formation of a contract between you and us will only occur when we confirm your order via email or phone. Until we confirm your order, we may cancel it for any reason.

Payment for orders may be made through various methods including cash on delivery, bank transfer, or other payment options as available. All payments must be made in Philippine Peso unless otherwise specified. You are responsible for any applicable taxes, duties, or fees associated with your order. We reserve the right to verify payment information and may request additional documentation for verification purposes.

If payment is not received within the specified timeframe, we may cancel your order and make the products available to other customers. For cash on delivery orders, payment must be made in full upon delivery. We may refuse delivery if payment cannot be collected at the time of delivery.

Delivery and Shipping

We offer delivery services throughout Metro Manila and selected areas in the Philippines. Delivery times and costs may vary depending on your location and the products ordered. We will provide estimated delivery times when you place your order, but these are estimates only and we cannot guarantee specific delivery dates or times.

You are responsible for providing accurate delivery information and ensuring that someone is available to receive the order at the specified address. If delivery cannot be completed due to incorrect address information or unavailability of recipient, additional delivery charges may apply. We may attempt redelivery according to our standard procedures, but you may be charged for additional delivery attempts.

Risk of loss and title to products pass to you upon delivery. We are not responsible for lost, stolen, or damaged packages after successful delivery. If you believe your order was not delivered or was delivered incorrectly, you must contact us within 24 hours of the expected delivery date to report the issue.

Returns and Exchanges

Due to the nature of contact lenses as medical devices and for hygiene and safety reasons, we have a limited return and exchange policy. Unopened contact lenses may be returned within 30 days of purchase if they are in their original packaging and have not been damaged. Returns must be authorized by our customer service team before sending products back to us.

We do not accept returns of opened contact lens packages for health and safety reasons. If you receive damaged or defective products, you must contact us within 48 hours of receipt to report the issue. We will investigate the claim and may request photographic evidence of the damage or defect. Approved returns will be replaced with identical products or refunded at our discretion.

Return shipping costs are the responsibility of the customer unless the return is due to our error or a defective product. Refunds will be processed within 7-10 business days after we receive and inspect the returned products. Refunds will be issued using the same payment method used for the original purchase whenever possible.

Health and Safety Disclaimers

Contact lenses are medical devices that require proper care and handling. We strongly recommend that you consult with a qualified eye care professional before using contact lenses, especially if you are a first-time user. We provide general information about contact lens use, but this information is not a substitute for professional medical advice, diagnosis, or treatment.

You are responsible for using contact lenses safely and according to manufacturer instructions. This includes proper hygiene practices, adherence to wearing schedules, and regular eye examinations. Improper use of contact lenses can result in serious eye infections, corneal damage, or other complications that may affect your vision or eye health.

We are not responsible for any adverse effects, complications, or health issues that may arise from the use of contact lenses purchased through our services. If you experience any discomfort, vision changes, or other symptoms while using contact lenses, you should discontinue use immediately and consult with an eye care professional.

Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of NoMariq Vision Care or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, or create derivative works from any content on our website without our express written permission.

The NoMariq Vision Care name, logo, and other trademarks are the property of NoMariq Vision Care. You may not use our trademarks in connection with any product or service that is not ours or in any manner that is likely to cause confusion among customers or that disparages or discredits NoMariq Vision Care.

If you believe that any content on our website infringes your intellectual property rights, please contact us with details of the alleged infringement. We will investigate such claims and take appropriate action in accordance with applicable laws and regulations.

Limitation of Liability

To the maximum extent permitted by law, NoMariq Vision Care shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or relating to your use of our services. This limitation applies regardless of whether the damages are based on contract, tort, negligence, or any other legal theory.

Our total liability for any claim arising out of or relating to these terms or our services shall not exceed the amount you paid for the specific products or services that gave rise to the claim. This limitation applies even if we have been advised of the possibility of such damages and regardless of the form of action or legal theory under which liability is asserted.

Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law. These limitations are fundamental elements of the agreement between you and NoMariq Vision Care.

Indemnification

You agree to indemnify, defend, and hold harmless NoMariq Vision Care, its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of our services, your violation of these terms, or your violation of any applicable laws or regulations.

This indemnification obligation includes claims arising from your misuse of contact lenses, failure to follow proper care instructions, or any health complications resulting from improper use of our products. You acknowledge that contact lenses are medical devices that require proper care and handling, and you assume full responsibility for their safe use.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully with our defense of such claims. This indemnification obligation will survive the termination of these terms and your use of our services.

Governing Law and Dispute Resolution

These terms shall be governed by and construed in accordance with the laws of the Philippines, without regard to its conflict of law provisions. Any disputes arising out of or relating to these terms or our services shall be resolved through binding arbitration in accordance with the rules of the Philippine Dispute Resolution Center, Inc. or its successor organization.

Before initiating any formal dispute resolution proceedings, the parties agree to attempt to resolve disputes through good faith negotiations. If a dispute cannot be resolved through negotiations within 30 days, either party may proceed to arbitration. The arbitration shall be conducted in English and shall take place in Metro Manila, Philippines.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. You waive any right to a jury trial in any legal proceeding arising out of or relating to these terms or our services.

Termination

We reserve the right to terminate or suspend your access to our services at any time, with or without cause, and with or without notice. Termination may occur for various reasons, including but not limited to violation of these terms, fraudulent activities, or abuse of our services. Upon termination, your right to use our services will cease immediately.

You may terminate your use of our services at any time by simply discontinuing your use of our website and services. If you have pending orders at the time of termination, we will fulfill those orders according to these terms unless termination is due to your breach of these terms.

The provisions of these terms that by their nature should survive termination shall survive termination, including but not limited to intellectual property rights, disclaimer of warranties, indemnification, limitation of liability, and governing law provisions.

Contact Information

If you have any questions about these Terms of Service, please contact us at legal@nomariq.org or by phone at +63 2 8856 4729. You can also reach us by mail at Unit 2B, Millennium Tower, 567 Ayala Avenue, Makati City, Metro Manila, Philippines 1226. Our customer service team is available to assist you with any questions or concerns you may have.

We encourage you to contact us if you need clarification on any aspect of these terms or if you have suggestions for improvement. We value your feedback and are committed to maintaining fair and transparent business practices. All communications regarding these terms should be in writing and will be responded to within a reasonable timeframe.

For urgent matters or time-sensitive issues, please contact us by phone during our business hours: Monday through Saturday, 9:00 AM to 7:00 PM Philippine Time. For non-urgent matters, email communication is preferred as it allows us to provide detailed responses and maintain a record of our correspondence.

Last Updated: December 2024