TERMS AND CONDITIONS

Gelflex Europe BV, a private company, located in 7496 CC Hengevelde, The Netherlands, Het Assink 8a, Chamber of Commerce number 82179115. Gelflex Europe B.V. also trades under the name “Sofclear Contacts”.

Both the Dutch, German and English versions are registered on April 01 2021 at the registry of the court Overijssel, location Almelo in the Netherlands.

Welcome to the website of Gelflex Europe B.V.: “sofclearcontacts.com”.

Identity of Gelflex Europe B.V., user of These General Terms and Conditions

Gelflex Europe B.V. is a Dutch private company, located in The Netherlands, Het Assink 8a, 7496 CC Hengevelde. The company is registered in the Dutch Chamber of Commerce under number 82179115. The company also trades under the name “Sofclear Contacts”.                                                  

The company uses the:

Internet address: https://www.sofclearcontacts.com

Email address: hi@sofclearcontacts.com

Phone Number: +61 8 9444 4944

VAT number: NL862366860 B01 

The General Terms and Conditions, herein, govern your use of sofclearcontacts.com (the “Website”), a website owned by Gelflex Europe B.V, trading as Sofclear Contacts. Sofclear Contacts (“Gelflex”, “the Company,” “we,” “our,” or “us”), and our mobile application and all related widgets, tools, data, software, features, promotions, social media accounts, and other services provided by us (collectively including the Website, the “Services”).” These Terms and Conditions, together with our Privacy Policy and any other terms specifically referred to therein, constitute a legally binding agreement (the “Agreement”) between you and the Company in relation to your use of our Services.

Acceptance of Terms and Conditions

Please read these Terms carefully before accessing or using this Website. If you do not agree to these Terms, please do not access this Website or use any of the Services or buy any of our Products. By placing an order, you agree to the application and content of these Terms and Conditions. The order confirmation is the completion of your order.

Changes to Terms and Conditions

We reserve the right to amend these General Terms and Conditions and any other policy on this Website at any time in our sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Website will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Website or the Products offered through this Website.

Description of the Services

Sofclear Contacts provides a subscription service and a single purchase service for daily use contact lenses and monthly colour contact lenses that are designed with our proprietary technology. We provide a website and mobile application that allows you to register your contact lens prescription and order contact lenses that are shipped to your doorstep.

We may, from time to time, release new tools and resources through the Website, release new versions of our Website or introduce other services and/or features for the Services.

Your Sofclear Account

Access to the Services are only available to registered users who have expressly agreed to these Terms and Conditions and our Privacy Policy stated on our website: www.sofclearcontacts.com.

When you first create a Sofclear account, we ask for your contact details including name, address, phone number and email address.

All account information will be treated in accordance with our Privacy Policy. You are solely responsible for maintaining the confidentiality and security of your login and account information, and you will remain responsible for all activity emanating from your account, whether or not, such activity was authorised by you.

If your account login information is lost or stolen, or if you believe that your account has been accessed by unauthorised third parties, you are advised to notify the Company in writing, and you should change your password at the earliest possible opportunity.

We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend, terminate, and delete your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms and Conditions or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

You may terminate your account at any time through our Services, or you can contact us at hi@sofclearcontacts.com.

Orders

By placing an order with us, you acknowledge and agree that:

  • you are over the age of 18 years and legally capable of entering into a binding agreement;
  • you have a current, valid lens prescription for the Products (i.e. Sofclear Contacts contact lenses) you are ordering from our Website (that has not passed its expiry date) from an optometrist, ophthalmologist or equivalent qualified eye care professional (“Eye Care Professional”). It is your sole and absolute responsibility to ensure that the information you provide to Sofclear Contacts and/or enter on our Website, including when placing an order for Products, is in strict conformity with what has been prescribed by your Eye Care Professional.
  • contacts lens prescriptions may vary from spectacle/glasses prescriptions, and that you are ordering the correct prescription for your contact lenses and NOT for your spectacles/glasses;
  • the information provided to us matches the prescription issued to you by your Eye Care Professional in every respect and any other information that you provide to us in placing your order is accurate and complete in all respects;
  • your prescription has not expired and is not due to expire and is valid within the time specified by the Eye Care Professional;
  • you will renew and maintain your prescription in strict accordance your Eye Care Professional’s suggested instructions and you will inform us immediately if there are any changes to your prescription details or any other information that you have provided to us;
  • the Products purchased from our Website are for your personal use only and not for resale;
  • you will use the Products in strict accordance with the instructions and information provided with the Products and in accordance with any advice provided by your Eye Care Professional;
  • you are not registered as partially sighted or blind;
  • in the event that you have any queries pertaining to the fit, use or suitability of the Products, such queries will be addressed with your Eye Care Professional;
  • Sofclear Contacts is not in any way obliged to fulfil your order unless you have a valid prescription;
    • you must, on request by Sofclear Contacts, produce a copy of your current contact lens prescription to Sofclear Contacts or any other information Sofclear Contacts deems necessary, to enable Sofclear Contacts to verify your prescription information with your Eye Care Professional;
    • By placing an order through this Site, you acknowledge and agree that it represents a request for Products by you, which fulfills the needs of you yourself and no other person;
    • Sofclear Contacts will not be held responsible if you have incorrectly inserted your prescription details on our Site or your eyes do not tolerate the Products ordered by you except where this is caused by the negligence of Sofclear Contacts.

No Medical Advice

Neither Sofclear Contacts or Gelflex is a healthcare provider and does not offer medical advice or services.

By using our Services, you acknowledge and agree that any information offered on our Website or otherwise, to you by us, is intended for informational purposes only and not as a substitute for the advice provided by your Eye Care Professional or any other medical or healthcare professional.

You must not make any medical decisions without first consulting with your medical professional and/or Eye Care Professional. Our communications with you do not constitute medical or healthcare advice or services.  Our communications with you do not create a medical professional-patient relationship in any respect nor do they represent an expansion of our Privacy Policy. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of the Products, the Services and any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Subscription and Delivery Program

Sofclear Contacts offers a subscription program that is flexible to your needs.

Sofclear Colour and Enhance lenses do not offer free trial lenses. You can select to purchase these as a One-Off Purchase or under a Subscription Plan for 1-month or 3-month supply of lenses.

For new customers subscribing to our One Day Contact Lenses plan, your subscription starts with a free 10 days supply of lens (the “Trial”).

By creating a Sofclear Contacts account and starting a Trial, you agree to sign up for a regular subscription with recurring payments. You will automatically be subscribed to our 30-day (1 month) or 90-day (3 month) delivery plan. This will commence 12-days after you place your Trial order and is set to renew every 30 or 90 days thereafter. At checkout, you may choose to change your delivery plan. By subscribing to Sofclear Contacts, you authorize us to charge your payment method now, and again at the beginning of any subsequent subscription period.

Beginning 12 days after you place your Trial order, you will be charged every 4 weeks if you subscribe to the 1-month plan or every 12 weeks if you subscribe to the 3-month delivery plan.

This will continue unless you choose a different delivery frequency, change your next renewal date, or cancel your subscription at any time after your first order, prior to your next renewal date, through our Services.

Other important details about your subscription:

  • There is a non-refundable shipping fee for the Trial.
  • Your regular subscription plan includes free shipping.
  • Your chosen payment method will be charged each time a renewal order processes in accordance with your chosen subscription plan.
  • You can switch subscription plans, set a different delivery frequency, change your next renewal date, pause/cancel your subscription at any time after your first order, 48 hours prior your next renewal date; once processed.
  • We accept all major credit cards, such as Mastercard and Visa.

Subscription Cancellation

Orders that have been processed on or after the renewal date cannot be cancelled. If you cancel your subscription, we will send you any outstanding supply of contact lenses that have been processed. We will not refund you any amounts for shipments not yet delivered as of the date of cancellation. However, you may request to return the order per our return policy.

If you wish to cancel your subscription, please log in to your account and go to the “Cancel Subscription” page. You can also submit a cancellation request to us via email. You are solely responsible for submitting such requests with at least three (3) days advance notice. You understand that Sofclear Contacts is not responsible for cancellation requests submitted but not addressed in time by our customer support team prior to your next renewal date.

Changes to Delivery Frequency

You can switch delivery frequency at any time. Your subscription will automatically renew every four (4) weeks by default, or at your chosen delivery frequency based on your plan.

If you chose a 1-month subscription, your lenses will be shipped in 4 weeks. If you chose 3-month subscription, your lenses will be shipped in 12 weeks.

You can select a different plan, change your next renewal date, update your prescription, or cancel your subscription at any time after your first order, 48 hours prior your next renewal date.

Billing and Payments

You can pay for our Services using any major credit cards, such as Mastercard and Visa, or other payment method accepted by the Services. You will be charged VAT, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information within 24 hours after the third attempt.

We use a secure third-party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). You hereby consent to provide and authorize us and our third-party service provider to share any information and payment instructions you provide to the extent required to complete payment transactions in accordance with this Agreement, including personal, financial, credit card payment, and transaction information.

We are not responsible for any fees or charges that your bank or credit card issuer may apply.

The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier.

Payment Gateway

Gelflex uses the Payment Gateway for its secure online payment transactions. Payments made through the Payment Gateway are subject to the Payment Gateway’s own terms and conditions and privacy policy in addition to these Terms and Condition of Use. For more information about the Payment Gateway, see the Shopify Payments website https://www.shopify.com/legal/privacy.

Gelflex does not accept any responsibility for any errors made by the Payment Gateway. By providing your credit or debit card details, you confirm that you are authorised to use that payment method, and you authorise Gelflex, through the Payment Gateway to charge your payment method for the total amount of your order.

Return and Refund Policy

If you should need to return your contacts, we accept boxes returned in the original packaging, with tamperproof seals intact, within 30 days of purchase. For the safety of our customers, we only accept returned boxes that are unopened and undamaged.

If you receive an incorrect product or a product that is damaged or defective you can either request a refund or replacement of the Product by notifying us in writing. Please email us at hi@sofclearcontacts.com

Once a returned package is examined and accepted, we will process your refund. For returns other than damaged, expired or incorrect product, or if you change your mind, you must pay the costs involved in shipping the returned Products back to us along with a €5.00 restocking fee which will be deducted from your eligible refund.

If any packages are returned to us due to incorrect delivery address or other error on your part, we will contact you to determine next steps.

If we are to resend the package due to an incorrect address provided, we will charge €5.00 to cover the Return to Sender cost. If you decide to have this order refunded, we will refund the order amount minus the cost of restocking fee.

Unfortunately, not all contact lenses will suit every eye. If you experience discomfort whilst wearing our lenses, we encourage you to ensure you have followed all the recommended steps in the instructions for use. If you are still experiencing discomfort and the lenses have not settled on your eye and you find that Sofclear lenses are not for you, we are very sorry to hear and we do hope you enjoyed your customer service experience with Sofclear. If you cancel your subscription as you decided Sofclear is not for you, you are not entitled to a refund of the product.

Social Media

The Services allow registered users to post reviews, ratings, and comments about products purchased through our Services (collectively, “Reviews”), and you are solely responsible for any content, opinion, statement, recommendation, or advance contained therein. By posting a Review, the Reviewer (“You”) agree to be fully unconditionally bound by these terms. Reviews posted on our Services are not endorsed by us and does not represent our views. You acknowledge that any opinions, statement, recommendation, ratings, offers, advice, or other information presented or disseminated in any Review are those of their respective authors who are solely responsible and liable for their content.

Sofclear Contacts reserves the right, in its sole discretion, to remove or refuse to post any material submitted or posted in any Review. Notwithstanding the foregoing, you acknowledge that Sofclear Contacts is under no obligation to edit or modify any information available in any Review or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a Review. If we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such Review without notice.

Promotions

From time to time, we may at our own discretion provide contests (“Campaigns”) for specified Sofclear Contacts products or accessories.

The Campaign is subject to all applicable laws and regulations. By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules. The period of the Campaign will be stated on the applicable social media post. You must fulfil all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sofclear Contacts. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Sofclear Contacts. Any and all prize-related expenses, including without limitation any and all local taxes, shall be the sole responsibility of the Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Sofclear Contacts to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

By entering this content (e.g., photo, video, text, etc.), you understand and agree that Sofclear Contacts, anyone acting on behalf of Sofclear Contacts, and Sofclear Contacts licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. Information submitted with an entry is subject to the Privacy Policy stated on our website: www.sofclearcontacts.com.

By accessing the website and/or purchasing Sofclear Contact Lenses, the customer has engaged in our personalised services including features and functionalities, marketing campaigns, user interfaces as well as content and software associated within our services.

Sofclear Contacts reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Sofclear Contacts control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Sofclear Contacts may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sofclear Contacts. Sofclear Contacts reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms and Conditions.

No purchase is necessary to enter or win. A purchase does not increase the chances of winning. Any violation of these official rules by Winner will result in Winner’s disqualification as winner of the Campaign, and all privileges as winner will be immediately terminated.

Your Use of the Services

Subject to your strict compliance with these Terms and Conditions, the Company grants you a limited, personal, non-exclusive, revocable, non-assignable, and non-transferable right and license to use the Services in order to generate Content, view Content, share and download Content using the features of the Services where the appropriate functionality has been enabled.

The above licenses are conditional upon your strict compliance with these Terms and Conditions including, without limitation, the following:

  • You must not copy, rip or capture, or attempt to copy, rip or capture, any Content from the Services or any part of the Services, other than by means of download or sharing in circumstances where we have elected to permit downloads and sharing of the relevant Content.
  • You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
  • You must not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Services or any Content appearing on the Services (other than your Content).
  • You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Services, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than your Content.
  • You must not use the Services to upload, post, store, transmit, display, copy, distribute, promote, make available, or otherwise communicate to the public:
    • any Content that is offensive, abusive, libellous, defamatory, obscene, racist, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion, or sexual orientation, or is otherwise objectionable in the Company’s reasonable discretion.
    • any information, Content, or other material that violates, plagiarizes, misappropriates, or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right;
    • any Content that violates, breaches, or is contrary to any law, rule, regulation, court order, or is otherwise is illegal or unlawful in the Company’s reasonable opinion;
    • any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which actually or potentially could overburden, impair or disrupt the Services or servers or networks forming part of, or connected to, the Services, or which actually or potentially could restrict or inhibit any other user’s use and enjoyment of the Services; or
    • any unsolicited or unauthorised advertising, promotional messages, spam or any other form of solicitation.
  • You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation.
  • You must not deliberately impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company or sending messages or making comments using the name of another person.
  • The reselling of lenses you purchase on the Service is strictly prohibited unless you are a medical professional licensed to do so.

You agree to comply with the above conditions and acknowledge and agree that Sofclear Contacts has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms and Conditions. This may include taking court action and/or reporting offending users to the relevant authorities.

Intellectual Property Rights

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by European, Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

All related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

These Terms and Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print (or download) one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to hi@sofclearcontacts.com. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will stop immediately and you must, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

Third Party Websites and Services

The Services may provide you with access to and/or integration with third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products, or services (hereinafter “External Services”).

The Company does not have or maintain any control over External Services and is not and cannot be responsible for their content, operation, or use. By linking or otherwise providing access to any External Services, the Company does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.

External Services may have their own Terms and Conditions and/or privacy policy and may have different practices and requirements to those operated by the Company with respect to the Services. You are solely responsible for reviewing any Terms and Conditions, privacy policy, or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services.

You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.

The Company disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against the Company with respect to the content or operation of any External Services.

Disclaimer

Warning: if you are having any unexplained eye discomfort, watering, vision change, or redness, remove your lenses immediately and consult your eye care practitioner before wearing your lenses again.

The services, including, without limitation, the Website, mobile application, and all content and services accessed through or via the Website, mobile application, or otherwise, are provided “as is,” “as available,” and “with all faults.”

You agree and acknowledge that you assume full, exclusive, and sole responsibility for the use of and reliance on the services, and you further agree and acknowledge that your use of or reliance on the services is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws while using the services.

While the company uses reasonable endeavours to correct any errors or omissions in the services as soon as practicable once they have been brought to the company’s attention, the company makes no promises, guarantees, representations, or warranties of any kind whatsoever (express or implied) regarding the services, or any part or parts thereof, any content, or any linked services or other external services. The company does not warrant that your use of the services will be accurate or reliable, uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the services or any part or parts thereof, the content, or the servers on which the services operates are or will be free of viruses or other harmful components. The company does not warrant that any transmission of content uploaded to the services will be secure or that any elements of the services designed to prevent unauthorised access, sharing, or download of content will be effective in any and all cases, and does not warrant that your use of the services is lawful in any particular jurisdiction.

The company and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, specifically disclaim all of the foregoing warranties and any other warranties not expressly set out herein to the fullest extent permitted by law, including without limitation any express or implied warranties regarding non-infringement, merchantability, and fitness for a particular purpose.

Where the law of any jurisdiction limits or prohibits the disclaimer of implied or other warranties as set out above, the above disclaimers shall not apply to the extent that the law of such jurisdiction applies to this agreement.

Limitation of liability

The company’s, and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers, and shareholders, liability to you is limited. To the maximum extent permitted by law, in no event shall the company be liable for damages of any kind (including, but not limited to, direct, indirect, special, incidental, consequential, exemplary, or punitive damages, lost profits, lost data, loss of goodwill or business reputation, any cost to procure substitute goods or services, or any intangible loss, regardless of the foreseeability of those damages) arising out of or in connection with your use of the website, or any other services provided to you by the company.

This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, any form of error, or breakdown in the function of the service, or any other legal theory or form of action.

Although not an exhaustive list and without limiting the foregoing, the company and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers, and shareholders shall have no liability for:

  • Any loss or damage arising from:
    1. Your reliance on the content of the services, including without limitation, content originating from third parties or from any communication with the services;
    2. Your inability to access or use the services or any part or parts thereof, including deletion or corruption of, or failure to store, any content and other data maintained or transmitted by or through your use of the service, or your ability to access any content or any external services via the services;
    3. Any changes that the company may make to the services or any part thereof, or any temporary or permanent suspension or cessation of access to the services or any content in or from any or all territories;
    4. Any action taken against you by third party rightsholders with respect to any alleged infringement of such third party’s rights relating to your content or your use of the services, or any action taken as part of an investigation by the company or any relevant law enforcement authority regarding your use of the services;
    5. Any errors or omissions in the services’ technical operation, or from any inaccuracy or defect in any content or any information relating to content;
    6. Your failure to provide the company with accurate or complete information, or your failure to keep your account login information suitably confidential;
  • Any loss or damage to any computer hardware or software, any loss of data, or any loss or damage from any security breach;
  • Any loss of profits, including those caused by your reliance on the services, or any loss you suffer whether or not it is foreseeable;
  • Any products that are damaged or lost in transit. Replacement products will not be provided if delivery tracking services indicate that the package was delivered.
  • Any claim or cause of action arising out of or related to your use of the services must be notified to the company as soon as possible.

Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, you acknowledge and agree that such limitations and exclusions reflect a reasonable and fair allocation of risk between you and the company and are fundamental elements of the bargain between you and the company, and that the company’s liability will be limited entirely, to the maximum extent permitted by law.

Indemnification

You hereby agree to indemnify, defend, and hold harmless the Company, its subsidaries, successors, assigns, affiliates, agents, directors, officers, employees, and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:

  1. Any violation by you of these Terms and Conditions; or
  2. Any activity related to your account, be it by you or by any other person accessing your account with or without your consent.

Data Protection, Privacy, and Cookies

All personal data that you provide to us in connection with your use of the Services is collected, stored, used, and disclosed by the Company in accordance with our Privacy Policy, which is in compliance with European privacy law. Users accessing the Website from outside Europe do so at their own risk. In addition, in common with most websites, we use cookies, location data, and other user information to help us understand how people are using the Services, so that we can continue to improve the service we offer. The Privacy Policy, as may be updated by the Company from time to time in accordance with its terms, is hereby incorporated into these Terms and Conditions, and you hereby agree to the collection, use and disclose practices set forth therein.

Changes to the Services, Accounts, and Pricing

The Company reserves the right at any time and for any reason to suspend, discontinue, terminate, or cease providing access to the Services or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, we shall use its reasonable endeavours to notify registered users of such decision in advance.

You hereby agree that the Company and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website, and/or any Services that we may wish to make from time to time, or for any decision to suspend, discontinue, or terminate the Website, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.

We may change the features of any type of account, may withdraw or introduce new features, products, or types of account at any time and for any reason, and may change the prices charged for any of its Services from time to time. In the event of any material increase in the price or material reduction in the features of your Account, such change(s) will be communicated to you. We will provide notifications of the proposed changes by email to the then-current email address that we have on record. You will have no obligation to continue using the Services following any such notification, but if you do not terminate your account, your continued use of your account will constitute your acceptance of the changes to your account.

Termination

You may terminate this Agreement at any time by deleting your account and thereafter by ceasing to use the Services. If you terminate this Agreement, you no longer have access to any of your account information, including any Content you sent or received.

The Company may suspend your access to the Services and/or terminate this Agreement at any time.

No Agency Relationship

These Terms and Conditions and your use of the Services do not create, and shall not be construed as creating, any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Services is intended for your enjoyment and benefit, and the provision of the Services to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration.

Assignment to Third Parties

The Company may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice including without limitation, to any person or entity acquiring all or substantially all of the assets or business of the Company. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of the Company.

Severability

Should one or more provisions of these Terms and Conditions be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms and Conditions, which will remain in full force and effect.

Entire Agreement

These Terms and Conditions, together with your Order and the Privacy Policy, constitute the entire agreement between you and the Company with respect to your use of the Services and supersede any prior agreement between you and the Company. Any modifications to this Agreement must be made in writing.

Third Party Rights

These Terms and Conditions are not intended to give rights to anyone except you and the Company. This does not affect our right to transfer our rights or obligations to a third party.

Applicable Law and Jurisdiction

These Terms and Conditions shall be construed in accordance with and governed by the laws of the Netherlands without reference to their rules regarding conflicts of law. The court Overijssel, located in Almelo in the Netherlands, is exclusively authorized to recognize all disputes.

Disclosures

More information about Sofclear Contacts is available by contacting: hi@socfclearcontacts.com.

Acknowledgement

By using or registering with the service, you acknowledge that you have read these Terms and Conditions and agree to be bound by them.

Last Updated: 08 July 2021