"Vision Boutique Opticals LLC" (UAE) / "Moyo Moyo - The Tanzanian Bag Co LTD" (UK/EU) trading as "EYEBOU" provides a subscription service that allows our members to receive contact lenses to their chosen address every 28 days.
Eyebou provides its services through www.eyebou.com (the “Site”), and through related services. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. Any such changes will become effective no earlier than seven (7) days after they are posted or notice is sent, as applicable, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
- The Service
Our service is designed to sell you your chosen brand of contact lenses via our subscription plan. You may use your prescription from an eye check up with a medical professional, which should be prescribed in the last 6 months. Eyebou is not a healthcare provider and such medical professionals are not our employees or contractors. Eyebou is not responsible for any loss or claim that you may have against any such medical professionals.
- Medical advice
3.1. Your Eyebou membership will continue until terminated. To use the Eyebou service you must have a prescription prescribed by an optometrist and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your subscription before your billing date, you authorize us to charge the subscription fee for the next billing cycle to your Payment Method (see "Cancellation" below).
3.2. We may offer a number of subscription plans, including special promotional plans or subscriptions offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Eyebou subscription by visiting our website and logging in.
- Billing and Cancellation
4.1. Billing Cycle. The membership fee for Eyebou and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated in your account. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it for up to approximately one month of service as soon as you register.
4.2. Payment Methods. To use the Eyebou service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
4.3. Updating your Payment Methods. You can update your Payment Methods by going to your account. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
4.4. Cancellation. You can cancel your Eyebou subscription at any time. To the extent permitted by the applicable law, payments are non-refundable. To cancel, go to your account page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close and you will no longer receive your monthly contact lenses.
4.5. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply to subsequent billing cycles following notice of the change(s) to you.
- Modifications to Service
Eyebou reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Eyebou will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- Passwords and Account Access
The member who created the Eyebou account and whose Payment Method is charged (the "Account Owner") has access and control over the Eyebou account devices that are used to access our service and is responsible for any activity that occurs through the account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the Eyebou ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Eyebou or our partners from identity theft or other fraudulent activity. Eyebou will not be liable for any loss or damage arising from your failure to comply with this Section.
- Class Action Waiver
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND EYEBOU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless both you and Eyebou agree otherwise, the court may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. Governed by law of the UAE, Dubai.
- Service Content, Software and Trademarks
You acknowledge and agree that the Service may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Eyebou, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or in whole or in part. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. The technology and software underlying the Service or distributed in connection therewith are the property of Eyebou, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Eyebou.
Indemnity and Release You agree to release, indemnify and hold Eyebou and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.