Terms and Conditions
The present terms and conditions (the “Terms”) govern your use of the My Extra Eye website www.myextraeye.com (the “Website”) and the associated Services, which are owned and operated by My Extra Eye, a company registered as myextraeye.com, having its registered office at 626 RXR PlazaUniondale, NY 11553, USA, [email protected] (“Provider”, “we”, “us”, “our”).
By using the Website, you acknowledge that you have read these Terms carefully and that you agree with them without reservation. You can consult these terms and conditions at any time via the Website.
Last update on September 13, 2020.
1. In General
1.1. Any notion starting with a capital is defined in this clause or by explicit reference in these Terms. The following notions are defined as stipulated below:
- Intellectual Property Rights: all brands, logos, trademarks, internet domain names, models and designs, patents, copyrights (including all rights relating to software) and moral rights, rights relating to databases, semiconductor topographies, knowhow, and other rights, as well as all other industrial and intellectual rights, in any case independent from whether or not they have been registered and with the inclusion of registration applications as well as all equivalent rights or means of protection leading to a similar result anywhere in the world.
- Services: making the Website available for your use as well as all associated services offered by Provider through the Website as described in article 2 of these Terms.
- User (“you”, “your”): the natural person who makes use of the Services and who is legally competent in User’s own jurisdiction to enter into binding agreements.
1.2. Upon acceptance these Terms shall constitute the one and only agreement (“Agreement”) between User and Provider. The Agreement will not be archived by Provider.
1.3. These Terms supersede any other other related requests, verbal or in writing, to submit an offer, proposal, proposition, guarantee, warrant, agreement, communication or commitment. You acknowledge that you have not accepted these Terms based on a communication, presentation, commitment, warrant or guarantee to which Provider has not agreed in writing.
1.4. You agree that your terms and conditions should you have any, nor those of any third party with whom you are affiliated, will not apply in any way in relation to the provision of the Services.
1.5. These Terms will apply in favour of any subcontractor or third party on which Provider relies for the provision of the Services.
1.6. Provider reserves the right to modify or rectify these terms and conditions at any time without your prior consent. If this is the case, Provider will inform you as a consumer of these changes in a timely manner (i.e. not later than two months before the date of the intended entry into force of the modified terms and conditions) via e-mail, and/or the Website. The consumer may object to the modified terms and conditions before the date of the intended entry into force. If the consumer does not accept the modified terms and conditions, the consumer must terminate this Agreement free of charge by immediately stop using our Services and Website before the modified Terms will apply. However, if the consumer does not object to the modified terms and conditions and continues to use the Services and Website, the consumer is deemed to have accepted the modified terms and conditions without reservation.
1.7. The language of the Agreement and of all communication and interaction between you and Provider in relation to the Services shall be English.
2. Description of the services
The Website
2.1. The Website provides general information on My Extra Eye, its products and Services.
2.2. We strive to offer you correct information on our company and on our products and Services through the Website. Given that the Website is constantly improved and updated, some of the content may not always be fully correct or up-to-date and may be subject to changes. We therefore deny any responsibility for the reliability of the content on this Website.
2.3. The Website may contain links to third-party websites. We have no control over the content of those websites and thus cannot be held liable therefor.
2.4. The information and content offered on the Website serves a general purpose. It therefore cannot be construed as offering you information tailored to your specific needs.
2.5. When having doubt or questions regarding the content of this Website, you can contact us at [email protected].
2.6. We reserve the right to block access to the whole or parts of the Website or to limit the use thereof without prior notice. This may, for instance, be needed for maintenance purposes or when updating the Website’s content.
Ordering promotional material
2.7. The Website allows you to order a free Stainless Steel Paper Wallet Protection Tube as promotional material.
2.8. This order is covered by the legal guarantees regarding conformity.
2.9. After filling out your shipping and payment information, you will be asked to review and submit your order. An e-mail will confirm that your order has been placed.
2.10. This promotional material is provided for free. However, you will be required to pay for the shipping, as well as any import or other taxes and duties that may be levied. The shipping amount will be calculated upon checkout and will be denominated in USD.
2.11. The promotional material will be shipped to you within 14 days following your order and payment. Delivery may be postponed for reasons of force majeure, including but not limited to late or faulty delivery of our stock by our suppliers, strikes, fire and other natural disasters, and disruptions of the electricity or telecommunications networks.
2.12. The ordering, checkout and payment procedure are handled through Shopify and associated payment gateways. You can pay using either credit card or Coinbase. Specific terms may apply depending on your choice of payment method.
2.13. Notwithstanding any costs, fees, expenses and/or levies charged by any third party (e.g. your telecom operator or your selected payment gateway) for the use of its products or services, the Website is provided to you by Provider free of charge.
2.14. When having doubt, complaints or questions regarding the ordering of this promotional material, you can contact us at [email protected].
3. Obligations of the user
3.1. You can freely use the Website and its contents in accordance with these Terms and are responsible for your use thereof.
3.2. You can link this Website only in accordance with these Terms and without causing damages to My Extra Eye. This means that such linking may not damage our business, may not cause you to gain unfair benefit from our reputation and may not deceitfully imply or suggest our connection to, approval of or endorsement of the linked websites, pages or contents thereof.
3.3. You may not undermine the integrity of the underlying systems of the Website, including but not limited to using worms or other forms of code, or by limiting access to the whole or parts of the Website.
3.4. Violation of these terms and conditions by User can result in the immediate termination of the Agreement, without prior notice, and without prior recourse to a judge.
4. Warranty and liability
4.1. The Services and Website are provided to you “as is”. You accept and acknowledge the flawless operation and permanent availability of the Services and Website cannot be assured. We cannot guarantee that the contents of the Website are free of viruses and/or other code with harmful propensities. It remains your sole responsibility to use adequate virus protection and safety controls.
4.2. Provider is not responsible for input errors that the User did not correct before confirming the order of promotional material.
4.3. Provider reserves the right to change the functionalities and availability of the Services and Website at all times and at its own discretion.
4.4. Provider does its best to develop the Website and provide you the Services to the standards that may be expected from a professional service provider in the sector. You understand and accept, however, that the Website should only be construed as an informational tool and does not constitute professional advice of any kind from which any rights or warranties can be derived.
4.5. Provider is not responsible and cannot be held liable for any shortcoming, not even when resulting from a gross negligence or fraud in the services of third parties on which the Services rely but which are beyond Provider’s control (e.g. services provided by third party applications, telecom providers or payment service providers).
4.6. Provider shall not be liable for any indirect damage, which shall at least be understood as consequential damages, financial or commercial damages, loss of profit or income, lost opportunities, lost savings, damage due to business discontinuity, reputational damage and damage from legal proceedings initiated by third parties against you.
4.7. Provider can only be held liable for proven damages caused by its or its subcontractors’ grave error or fraud.
5. Right to withdrawal
5.1. You have the right to withdraw from your purchase of promotional material by using the form in annex to these Terms and mailing or e-mailing it to My Extra Eye within 14 days of receipt of the goods.
5.2. Within 14 days of your exercising this right, My Extra Eye will refund the payment received from you – i.e. the shipping costs – for the promotional material, using the same method you selected for your payment.
5.3. After exercising your right to withdrawal, you are obliged to send back the promotional material you received to My Extra Eye, 626 RXR PlazaUniondale, NY 11553, USA, within 14 days. You will bear the shipping costs for sending back this material.
6. Terms and termination
6.1. The Agreement will commence from the moment the User accepts these Terms.
6.2. User may terminate this Agreement with immediate effect at any time without notice, compensation or prior recourse to a judge.
6.3. Provider may at any time terminate this Agreement or any of the services relating to the Website without compensation with two months prior notice to the User.
6.4. The intent to terminate the Agreement shall be communicated via e-mail.
6.5. Without prejudice to its other rights available by law or under the Agreement, Provider may at its own discretion either terminate this Agreement with immediate effect or suspend the execution of this Agreement, deny or restrict access to the Website at any time if the User materially breaches this Agreement.
6.6. Provider may also suspend the execution of this Agreement, deny or restrict access to the Website at any time:
- if Provider becomes aware of facts that jeopardize the relationship of trust between the User and Provider or that harm or threaten to harm the Provider’s reputation;
- in case of a reasonable suspicion of fraud or of a risk of improper or fraudulent use of the Website; • in the event of technical issues; or
- for any other objective security reason.
6.7. Upon termination of the Agreement all personal information you shared shall be anonymized and/or aggregated and the remainder deleted and destroyed by Provider, unless a legal or regulatory obligation or a judicial or administrative order prevents Provider to do so. This deletion and destruction shall therefore not include any aggregated or anonymous information that Provider uses to provide, improve or strengthen its business and Services.
6.8. Upon termination of the Agreement you will cease using any and all of Provider’s intellectual property.
7. Intellectual property
7.1. Provider remains at all times holder of all Intellectual Property Rights related to the content – including all appurtenances – of the Website.
7.2. Provider grants you a non-exclusive, non-transferable and non-sublicensable right to use the Website for the duration of the Agreement. Such right of use will be consistent with the normal use of the intellectual property of Provider as interpreted in light of these Terms and any documentation provided by Provider. Provider does not transfer in any way as part of this Agreement any ownership to its Intellectual Property Rights.
7.3. Considering the provisions of the preceding clause, you shall not copy, analysis, decompile, make public, distribute, transfer to third parties, or change any content encumbered with Intellectual Property Rights unless expressly permitted by Provider.
7.4. Each use by you of any material protected by Intellectual Property Rights or other rights of third parties, happens on your full and sole responsibility and you will indemnify and hold Provider harmless against any possible legal action of third parties with regard to violation of their rights. You acknowledge and accept that Provider exercises no power of control nor any advisory powers with regard to any rights, including Intellectual Property Rights, held by third parties.
8. Personal data processing
8.1. Provider processes your personal data as data controller for the provision of the Services, in accordance with its Privacy Policy, available at www.myextraeye.com.
8.2. This Privacy Policy provides natural persons whose personal data are processed by the Provider with all legally required information regarding the personal data the Provider processes about them, the reasons for which their personal data are processed and their rights in relation to such processing.
9. Miscellaneous
9.1. The provisions of these Terms do not impede nor restrict any rights a consumer might enjoy under applicable law.
9.2. Provider will be entitled to rely at its own discretion on subcontractors for the fulfillment of its obligations under this Agreement. The Agreement with respect to Provider cannot be construed as being of a strictly personal nature. All rights and obligations with respect to Provider in the frame of this Agreement can be transferred in whole or in part to a third party without the consent of the consumer.
9.3. You are not allowed to transfer your rights and obligations under this Agreement to anyone else, unless Provider agrees in writing to such transfer.
9.4. This Agreement by no means entails a curtailment of any rights of Provider under statutory law.
9.5. Whenever possible, the provisions of these Terms shall be interpreted in such a manner as to be valid and enforceable under the applicable law. However, if one or more provisions of these Terms are found to be invalid, illegal or unenforceable, in whole or in part, the remainder of that provision and of these Terms shall remain in full force and effect as if such invalid, illegal or unenforceable provision had never been contained herein. Moreover, in such an event, Provider shall amend the invalid, illegal or unenforceable provision(s) or any part thereof and/or agree on a new provision, in such a way as to reflect insofar as possible the purpose of the invalid, illegal or unenforceable provision(s).
9.6. This Agreement is governed by the laws of the state of New York. You agree to try and solve any dispute regarding this Agreement through negotiations. Should negotiations fail, then all disputes concerning the validity, interpretation, enforcement, performance and termination of this Agreement shall be submitted to jurisdiction of the courts of New York City.
9.7. As a consumer, you can make use of alternative dispute resolution, allowing you to settle a dispute regarding an online order without the intervention of a court of law. Find out from your state or local consumer agency if your state has laws to protect your privacy.
