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Terms and Conditions

Welcome to the Plano Eyecheck website (the “Plano Eyecheck” or "Site") owned and operated by Plano Pte Ltd (“Plano”). Plano Eyecheck is a website extension of the Plano mobile application (“Application”) designed to help parents / legal guardians / supervising adults book optometrist appointments for their children with Plano’s Partners (as defined in Plano’s Terms and Conditions) with ease and convenience.
By accessing, browsing, or otherwise using Plano Eyecheck, including but not limited to information, communications, links, software, subscription services, products (provided by Plano or others) and any and all other services that may be added, linked to, sponsored, or provided from time to time, provided through Plano or by other means, the user agrees to be bound by all the terms and conditions in this agreement. KINDLY READ THESE TERMS AND CONDITIONS CAREFULLY.
Plano provides its services subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, as the user, you are subject to the rules, guidelines, policies, terms, and conditions applicable to such services, which are incorporated into this Agreement by this and other references below. Plano reserves the right to change its Site and/or the Application and these and/or any other terms and conditions at any time.
  1. Plano Eyecheck
    1. Plano Eyecheck is a website extension of the Plano Application intended to help its users – parents / legal guardians / supervising adults – to book optometrist appointments for their children with Plano’s Partners in furtherance to the Plano Application. More information of the services that the Plano Application provide can be found here https://www.plano.co/.
    2. All users – parents / legal guardians / supervising adults – must register or have a pre-existing Plano account in order to use the Site.
    3. Any personal information provided by the user in using the Site shall be governed by Plano Eyecheck’s Privacy Policy https://www.plano.co/privacy-policy/, which is incorporated herein by reference.
    4. Any personal information that is provided by the user to Partners shall not be used for any other purpose aside from rendering the Associated Products & Services (as defined in Plano’s Terms and Conditions) except with the prior written consent of the user.
    5. Plano may suspend or terminate all or part of the above registered user benefits, at any time, in its sole discretion. Plano reserves the right to charge any of its services or any feature or functionality of the services at any time at its sole discretion.
  2. Use of Plano Eyecheck:
    1. Subject to the terms and conditions of this Agreement, and where applicable, payment of the applicable fees, Plano hereby grants the user a limited, revocable, non-transferable and non-exclusive permit to access and reasonably use Plano Eyecheck, on a website browser, only for the purpose of booking optometrist appointments for the user’s children, and in any event, not for any commercial use or use on behalf of any third party (other than the user’s children), except as explicitly permitted by Plano in advance.
    2. The term user shall include the user himself/herself which may use the Site from time the time, irrespective if the use is made with the Partners’ rendering of Associated Products & Services.
    3. Except as expressly permitted herein, the user may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion thereof, unless expressly permitted by Plano in writing.
    4. The user may not use the Site in any manner, which is in contravention with any applicable law or regulation or causes or may cause infringement of any third party rights.
    5. The user may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Plano in advance. Plano reserves the right to refuse service, terminate accounts, remove postings, and/or cancel orders in its discretion, including, without limitation, if Plano believes that user conduct violates applicable law or is harmful to Plano’s interests.
    6. The user must provide accurate and complete registration information regarding himself/herself and the child or children, which will be using the Site.
    7. Plano may assign the user with a password and account identification to enable the user to access and use certain portions of this Site. Each time the user uses a password or identification, the user will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement and other associated agreements of Plano or its affiliated partners and service providers, and Plano has no obligation to investigate the authorization or source of any such access or use of the Site.
    8. The user will be solely responsible to maintain confidentiality of his/her account, and for all access to and use of this Site by anyone using the password and identification originally assigned to the user whether or not such access to and use of this Site is actually authorized by the user, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. The user is solely responsible for protecting the security and confidentiality of the password and identification assigned to the user. The user shall immediately notify Plano of any unauthorized use of the user password or identification or any other breach or threatened breach of Site's security.
    9. The Site is owned by Plano Pte Ltd. registered under Singapore laws with registered address at 72 Anson Rd, #12-06 Anson House, Singapore 079911. Any legal written notices shall be served by hand in accordance with this Agreement, at the above address.
  3. Booking of Appointments
    1. To make an appointment with a Plano Partner optometrist on the Site, the user has to provide personal information of himself/herself and the children. Some of this information may be forwarded to a third-party Plano Partner for the purposes of booking the appointment. Plano will process the information provided and provide to the third-party Plano Partner only information that is sufficient for the purpose of booking the appointment. The information provided to the third-party Plano Partner will not be sufficient to identity the user’s child identity.
    2. After the user has selected a Plano Partner outlet and indicated the date and time of the appointment and number of children who will be going for the appointment, Plano will forward this information to the Plano Partner and notify the user by email that his/her booking has been successfully submitted. Depending on the Plano Partner’s availability, the Plano Partner will either confirm the appointment or suggest an alternative timeslot for the user through phone call/SMS/email within 24 hours. In the event of cancellation or any circumstances relating to scheduling of the appointment, the Plano Partner shall contact the user directly.
    3. Irrespective of and without derogating from Plano’s/Plano Partner appointment booking policies, Plano reserves the right, at its sole discretion, to refuse or cancel any appointment for any reason. Some situations that may result in the appointment being canceled include, but are not limited to, force majeure situations such as strikes, work stoppages, accidents, acts of war or terrorism, natural disasters or acts of God.
    4. Plano and/or Plano Partner may also require additional verifications or information before confirming any appointment. Plano and/or Plano Partner may contact the user if the appointment is canceled or rescheduled or if additional information is required to confirm the appointment.
  4. Intellectual Property
    1. The names, trade marks, service marks, button icons, and logos (the “Trade Marks”) displayed on the Site are registered or unregistered Trade Marks of Plano, its affiliates or licensors. Nothing stated herein should be construed as granting, indirectly, by estoppel, or otherwise, any license or right to use the Trade Marks, and the like appearing on the Site, without Plano’s prior written consent.
    2. All content and materials on the Site, such as graphics, user interfaces, visual interfaces, photographs, Trade Marks, logos, videos, images, sounds, applications, programs, software, computer code and other information (the “Content”), as well as the collection, arrangement, layout, design, and assembly of all content on the Site (the "Compilation") is provided by and exclusively belongs to Plano and is protected by copyrights and other Intellectual Property rights. Plano strictly reserves all its rights. The user may download or print or otherwise use the Site’s Content and Compilation for personal non-commercial, non-transferable, temporary use only.
    3. The user may not use the Site's Content or Compilation in any manner that defames, disparages or discredits Plano or any other person or entity, or in any way that is likely to cause confusion or violation of any applicable laws or regulations.
    4. The user may not use, reproduce, copy, modify, translate, transmit, upload, post, display, publish, republish, sell, license, publicly perform, distribute or commercially exploit any of the Content and Compilation or otherwise dispose of any of the Content and Compilation in a way not permitted by Plano, without the Plano’s express prior written consent.
    5. The user may not decompile, disassemble, reverse engineer or otherwise attempt to derive the source code and technology that operates the Site or create derivative works based thereon.
    6. Plano recognizes and respects intellectual property. As such, any usage of brand names, trademarks, logos, company names, manufactures names or other names or pictures, titles or texts within the Site, which are not connected and/or produced by Plano, are the property of the respective copyright or trademark holders. The rights of these third parties are strictly reserved.
    7. The use of data mining, robots, or similar data gathering and extraction tools on the Site as well as the use of Plano’s Trade Marks in meta-tags is strictly prohibited. The user may view and use the Content and Compilation only for his/her personal use and information and for performing the act the Site were designed for.
    8. The user undertakes to fully respect Plano’s Intellectual Property rights, including but not limited to its patents, Trade Marks, designs (registered or unregistered) copyrights, good will, and any other registered or unregistered right now existing or later developed in any jurisdiction.
  5. Disclaimer and Limitation of Liability
    1. In this section the term “Plano Eyecheck’s Services” includes services, description of services, Associated Products & Services, Content and any services, product, information, data, offered on the Site.
    2. Plano assumes no liability for any side-effects of Plano Eyecheck’s Services purchased by the user on the Site or through the Application, and it is responsible only for the transaction conducted specifically through it, the use of the Site and the Application, and the accessibility of the Site to the user.
    3. The user specifically agrees that Plano shall not be responsible for unauthorized access to or alterations of Plano Eyecheck’s Services or the user’s transmissions, materials, data or transactions made on the Site.
    4. Plano Eyecheck’s Services as included on this Site are provided to the full extent permissible by applicable law on an "AS-IS" basis. Plano makes no representations of warranties of any kind, express or implied, including but not limited as to Plano Eyecheck’s Services except as provided here to the full extent permissible by applicable law.
    5. Plano disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement, title, data accuracy, and system integration with respect to any of Plano Eyecheck’s Services obtained or purchased through the Site. The user expressly agrees that his/her (and his/her children’s) use of Plano Eyecheck’s Services is at his/her sole risk.
    6. Plano makes no warranties whereby the Site will meet the user’s requirements and/or expectations, nor that it will always be available.
    7. While Plano strives to provide accurate services, product and pricing information, pricing or typographical errors may occur. Plano does not warrant that product descriptions or any other content of any of Plano Eyecheck’s Services is accurate, complete, reliable, current or error free.
    8. The Site may contain links to other websites on the Internet that are owned and operated by third parties. While Plano makes every effort to carefully select appropriate partners, the user acknowledges that Plano is not responsible for the operation of or content located on or through any such website.
    9. Plano does not warrant that the Content and/or Compilation will be uninterrupted or error free.
    10. Plano takes precautions to secure the Site and/or portions thereof, however the user agrees that these precautions are not a guarantee against all risks, nor can Plano make any warrantee or guarantee that the use of the Site is fully protected against all risks such as intrusive computer viruses, hacking, phishing, gaming, breach of privacy, misuse of the Site.
    11. Subject to applicable law, Plano will not be liable, including under negligence or any other cause of action, for any damages, loss, injury, cost or expense of any kind arising from any error and/or omission and/or interruption and/or defect and/or delay and/or access to, or the use of this Site, including, but not limited to, direct, indirect, incidental, punitive, exemplary, special, or consequential damages. To the maximum extent permitted by applicable law, Plano's total liability to the user shall not exceed in the aggregate cost of the amount actually paid to Plano for Plano Eyecheck’s Services preceding the act allegedly giving rise to Plano's liability.
  6. Reviews and Comments
    1. The user agrees that Plano is permitted, but not required, at its sole discretion, to send messages, including feedback questionnaires which will be request a user opinion on the Site/Partner, Associated Products & Services. In general, the data processing will be automatically through a computerized system, with the exception of text data to be written and added to by user. The user hereby expressly agrees to receive such messages, feedback and messaging services, whether the user has been removed from the mailing list or not. Plano will make its best efforts not to send any such messages, feedback and messaging services to users that have been removed or requested to be removed from its mailing lists.
    2. Plano may enable such features allowing users to submit and/or post reviews, comments, videos, suggestions, questions, reviews, ideas, know-how, techniques and other content or information (“Submissions”), so long as such Submissions are not prohibited by any law, including but not limited to defamation, copyright law, trademark law, privacy law, and other relevant laws. Plano reserves the right (but not the obligation) to remove and/or edit any such Submissions. Plano will not regularly review such Submissions nor will such Submissions be moderated.
    3. Except as otherwise provided elsewhere in this Agreement or on the Site, any Submission posted or provided to Plano is and will be treated as non-confidential and nonproprietary, and by submitting or posting, the user agrees to irrevocably license the entry and all intellectual property rights related thereto (excluding the moral rights such as authorship right, and other rights which cannot be transferred by law) to Plano without charge and Plano shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions.
  7. Indemnity The user agrees to indemnify and hold Plano (including its associates and/or affiliates) harmless of any claim or demand, including legal fees and costs, made by any third party due to or as a result of the user’s breach of this Agreement, or violation of any law or right of a third party. Plano may use any information available to it regarding the user in order to cease such breaches or any unlawful use of the Site and user hereby irrevocably allows Plano to use such information for such purpose.
  8. Dispute Resolution
    1. Any dispute, controversy or claim arising under, out of or relating to the terms and conditions of our Partners shall be governed solely and exclusively in accordance with such terms and conditions.
    2. Any dispute, controversy or claim arising under, out of or relating to terms and conditions of this Agreement and any subsequent amendments thereto, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to mediation in accordance with the WIPO Mediation Rules.
    3. The place of mediation shall be Singapore.
    4. The language to be used in the mediation shall be English.
    5. If, and to the extent that, any such dispute, controversy or claim has not been settled pursuant to the mediation within Sixty (60) days of the commencement of the mediation, or if prior to the expiration of said period of Sixty (60) days, either party fails to participate or to continue to participate in the mediation, it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by arbitration in accordance with the WIPO Expedited Arbitration Rules.
    6. The place of arbitration shall be Singapore.
    7. The language to be used in the arbitral proceedings shall be English.
    8. The dispute, controversy or claim shall be decided in accordance with the law of Singapore. Any decision or award of the Arbitral Tribunal shall be final and binding on the parties. The parties agree, to the extent permitted by law, to waive any right of application to appeal to any court or tribunal.
  9. Miscellaneous
    1. Plano reserves, at its sole discretion, the right to change and/or revise and/or modify and/or update the Site and the terms and conditions of this Agreement from time to time. The updated terms and conditions will be effective as of the time of posting, or such later date as may be specified in the updated terms. The user’s continued use of the Site shall be deemed as the user’s agreement and acceptance of the new terms and conditions.
    2. When the user uses any of Plano Eyecheck’s Services, or communicates from his/her desktop computer, the user consents to electronic communication, including receiving emails, texts, mobile push notices, and the like. The user agrees that all agreements, notices and other communications sent electronically satisfies any legal writing requirement.
    3. This Agreement and the Plano Privacy Policy https://www.plano.co/privacy-policy/ constitute the entire agreement between the user (including his/her children) and Plano with respect to and governs the use of the Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
    4. All matters relating to access and use of the Site, including all disputes, shall be governed by and construed in accordance with the laws of Singapore.
    5. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
    6. Plano's failure to enforce any right or failure to act with respect to any breach by a user under this Agreement will not waive that right nor waive Plano's right to act with respect with subsequent or similar breaches.