Terms and
conditions - Google
Lenspal App

Terms and conditions INDIA

Terms and Conditions for ACUVUE® LENSPAL™ application

Thank you for your interest in downloading the ACUVUE® LENSPAL™ Application (the "Licensed Application").

The following terms and conditions ("Terms and Conditions") govern your access to and use of the Licensed Application.

Johnson & Johnson Vision Care, a division of Johnson & Johnson Limited ("JJVC", "we" or “us”), require that you read these Terms and Conditions carefully before downloading the Licensed Application . By downloading, accessing or using the Licensed Application, you accept and agree to be bound by these Terms and Conditions as well as the terms of our Privacy Policy, details of which can be found here

We may withdraw your access to the Licensed Application and terminate the Licensed Application licence granted to you if you act in any way which is contrary to these Terms and Conditions. The information included in the Licensed Application must not be relied on or interpreted as medical advice or other advice in relation to your condition or treatment, or the suitability or use of contact lens devices or products. For such advice consult your eye healthcare professional.

Who May Download the Licensed Application. You may download, access or use the Licensed Application only if you are a legal resident of India and are at least 18 years old. If you do not meet the above requirements or if you do not agree to these Terms and Conditions, do not download, access or use the Licensed Application. We reserve the right to change these Terms and Conditions at any time. All such changes will be accessible on the Licensed Application. As a result, we encourage you to review the Terms and Conditions from time to time so that you are aware of any such changes. Your continued use of the Licensed Application will constitute your acceptance of any new or amended terms once posted on the Licensed Application.
 

For the avoidance of doubt, these Terms and Conditions apply between you and us only, and not with Google Play or any Google's affiliate companies (collectively Google).

Scope of License. You understand and agree that the Licensed Application is licensed, not sold, to you for download, access or use only as outlined in these Terms and Conditions. We reserve all rights not expressly granted to you. This license is a non-transferable, non-exclusive, non-sub-licensable, revocable license to use the Licensed Application on any applicable mobile device that you own or control solely for your own personal use in accordance with these Terms and Conditions and the Usage Rules set out in the Google Play Terms of Service, details of which can be found at https://play.google.com/intl/en-GB_in/about/play-terms.html . You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof. You acknowledge neither Google nor JJVC has any obligation to provide any maintenance or support services in respect of the Licensed Application or your use of the Licensed Application.

Content. You may create and store Content using the Licensed Application. “Content” means data and other information or materials uploaded and created by you or on your behalf in connection with your use of the Licensed Application (but does not include the data, images, documents and any other information or materials included by JJVC with the Licensed Application). You warrant that you are the owner or authorised user of the Content and you must not upload, transmit or distribute Content that breaches any law or infringes any third party rights.

Password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the password of another user at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorised use of or access to your password. You are solely responsible for any and all use of the Licensed Application on your applicable mobile device.

Termination. The license is effective until terminated by you or us. We may permanently terminate or temporarily suspend your access to all or any part of the Licensed Application without notice and liability for any reason, including but not limited to, if in our sole determination you breach any provision of these Terms and Conditions. Upon termination of this license, you shall cease all access and use of the Licensed Application, and delete, uninstall and destroy all copies, full or partial, of the Licensed Application from any mobile device that you own or control.

Consent to Use of Personal Data. You agree that we may collect and use any information provided by you in connection with this Licensed Application to provide the services forming part of the Licensed Application. Our collection and use of your personal information will be subject to the terms of our Privacy Policy.

Accuracy of Data/No Endorsement.We will use reasonable efforts to provide up-to-date and accurate information through the Licensed Application. However, we make no representations, warranties, or assurances as to the accuracy, currency or completeness of the information provided in the Licensed Application, nor we do assume any responsibility or liability for the accuracy or completeness of the information or data contained or displayed in the Licensed Application.

The choice of an optometrist and particular treatment options belongs to you, the patient. Choosing an optometrist should be based upon your own investigation of a particular optometrist’s training, education and experience. You are solely responsible for your communications and interactions with any listed healthcare professionals, and any information you send to them is not governed by our Privacy Policy.

Proper Use.You agree that the Licensed Application may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except strictly in accordance with the permitted use of the Licensed Application. All copyright and other intellectual property rights in relation to the Licensed Application, including, the artwork, graphics, text, video and audio clips, trademarks, logos and other content available on the Licensed Application, are owned by us, our affiliates or licensors.

Use of Licensed Application.You must use the Licensed Application, including (without limitation) setting alerts to remind you to buy, wear or change your contact lens devices or products, strictly in accordance with your eye healthcare professional’s advice and instructions and in a manner consistent with the applicable instructions for use for your contact lens devices or products.

You may not engage in any of the following activities in connection with your use of the Licensed Application: (a) collect any personally identifiable information from the Licensed Application; (b) use the Licensed Application for any commercial purposes; (c) interfere with the proper working of the Licensed Application; (d) bypass measures we may use to prevent or restrict access to the Licensed Application including without limitation features that prevent or restrict use or copying of any content or enforce limitations on the use of the Licensed Application or the content therein; or (e) upload or use the Licensed Application services to transmit any computer viruses, worms or Trojan horses.

Modifications to Licensed Application.We reserve the right at any time and from time to time to interrupt, restrict (without cause and without notice to you), modify or discontinue, temporarily or permanently, the Licensed Application (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Licensed Application.

NO WARRANTY.YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY LAW,WE HEREBY EXCLUDE ALL WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITH RESPECT TO THE LICENSED APPLICATION, ITS CURRENCY, ACCURACY, SUITABILITY, FUNCTIONALITY OR RELIABILITY, ANY CONTENT OR INFORMATION ASSOCIATED WITH THE LICENSED APPLICATION AND ANY SERVICES. WE DO NOT WARRANT THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. WE FURTHER DISCLAIM ANY WARRANTIES THAT THE LICENSED APPLICATION IS FREE OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE LICENSED APPLICATION IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR APPLICABLE MOBILE DEVICE AND/OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE LICENSED APPLICATION, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOOGLE HAS NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE LICENSED APPLICATION OR FOR ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE LICENSED APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY.

INDEMNIFICATION.YOU AGREE TO INDEMNIFY US, OUR AFFILIATES AND THE RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF EACH, HARMLESS FROM AND AGAINST ANY ACTION, LIABILITY, LOSS, CLAIM OR EXPENSE, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES RELATING TO OR ARISING FROM YOUR BREACH OF THESE TERMS AND CONDITIONS, YOUR USE OF THE LICENSED APPLICATION AND/OR THE UNAUTHORISED USE BY YOU OF ANY PERSONAL INFORMATION OR DATA UPLOADED IN CONNECTION WITH THE LICENSED APPLICATION.

LIMITATION OF LIABILITY.TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW IN NO EVENT SHALL WE, OR OUR AFFILIATES OR THE RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF EACH, BE LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER, (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER BUSINESS DAMAGES OR LOSSES), ARISING OUT OF OR RELATED TO YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE LICENSED APPLICATION, ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR FROM THE LICENSED APPLICATION, INCLUDING, WITHOUT LIMIATION, AS A RESULT OF YOUR USE OR FAILURE TO USE ANY CONTACT LENS DEVICES OR PRODUCTS, HOWEVER CAUSED, (WHETHER IN CONTRACT, TORT OR OTHERWISE). WE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE LICENSED APPLICATION IN ACCORDANCE WITH OUR PRIVACY POLICY (DETAILS OF WHICH CAN BE FOUND HERE, BUT YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A SECURE MEDIUM AND YOU UNDERSTAND THAT THE UPLOADING OF PERSONAL OR OTHER INFORMATION TO YOUR APPLICABLE MOBILE DEVICE IN CONNECTION WITH THIS LICENSED APPLICATION IS AT YOUR OWN RISK AND THAT WE ARE NOT RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR USE OF SUCH PERSONAL OR OTHER INFORMATION. ALL PERSONAL OR OTHER INFORMATION UPLOADED TO THE LICENSED APPLICATION WILL BE STORED ON APPLICABLE MOBILE DEVICE AND YOU UNDERSTAND THAT THE SECURITY AND SAFETY OF YOUR APPLICABLE MOBILE DEVICE AND THE PASSWORD TO ACCESS THE LICENSED APPLICATION IS YOUR SOLE RESPONSIBILITY.

THIRD PARTY SITES. Any links to third party sites or applications are provided for your convenience only. If you access a third party website or application from the Licensed Application, you do so at your own risk, and you understand that these Terms and Conditions do not apply to your use of such sites or applications. You agree that we are not responsible or liable for your use of any third party website, application, service or content.

Governing Law/Miscellaneous. These Terms and Conditions shall be governed by, interpreted and construed in accordance with the laws in force in India. You expressly agree the courts of Mumbai, India shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms and Conditions. Should any part or provision of these Terms and Conditions be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions constitute the only terms between us and you. These Terms and Conditions supersede any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Licensed Application, the content, and/or services provided by or through the Licensed Application, and the subject matter of these Terms and Conditions. To the extent that anything in or associated with the Licensed Application is in conflict or inconsistent with these Terms and Conditions, the Terms and Conditions shall take precedence. Our failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of its right to enforce such provision. You and we hereby agree that GOOGLE and our group companies are third party beneficiaries of these Terms and Conditions and they may enforce any term of these Terms and Conditions against you as if they were a party to the Licence.

Contact Us. If you have questions or complaints in relation to the Licensed Application or ACUVUE®, please contact us by post at

Johnson & Johnson Vision Care
Johnson & Johnson Limited
L.B.S. Marg, Mulund (West),
Mumbai 400 080
India
OR email us at support@acuvue.co.in or call at 1800-22-5990

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