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Terms & Conditions
NUANCE AUDIO™
WEBSITE TERMS AND CONDITIONS
(IN FORCE AS OF 2 APRIL 2025)
IMPORTANT
This is an agreement between you (“You”, the “User”) and Luxottica Group S.p.A., whose registered office is at Piazzale Luigi Cadorna 3, 20123 Milan, together with its parent companies, subsidiaries, affiliates, representatives, managers and directors (collectively, “Luxottica”, “we”, “us” or “our”), as owner of the website https://www.nuanceaudio.com/en-gb/ (the “Website”).
The User is required to read these Terms and Conditions (“T&Cs”) carefully before registering and using the Website. Luxottica reserves the right to modify these T&Cs at any time by publishing the updated version. By using or continuing to use our Website, the User agrees to be bound by the T&Cs in force at the time of such use. Use of this Website is expressly conditional upon acceptance of these T&Cs.
TERMS AND CONDITIONS OF USE
1. LICENCE AGREEMENT.
Luxottica hereby grants You a personal, revocable, limited, non-exclusive and non-transferable license to use the Website solely for your personal use, which does not include any activities related to a commercial, entrepreneurial or professional activity, provided that You comply with the terms of these T&Cs. Notwithstanding the foregoing, You are not authorised to modify, translate, decompile, create derivative works from, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notice or marking, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, grant a security interest in, or otherwise use the Website in any manner not expressly authorised by these Terms and Conditions.
2. PROPERTY RIGHTS.
These T&Cs provide only a limited licence to access and use the Website. As a result, You expressly acknowledge and agree that Luxottica does not transfer to You, or to any other person, any ownership, intellectual property interest, or title in or to the Website. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML code), programs, software, products, information and documentation, as well as the design, structure, selection, coordination, expression, look and feel, and arrangement of all content appearing on or made available through the Website, unless otherwise indicated, are owned, controlled, and licensed by Luxottica. The Nuance Audio™ logos and all other names, logos and icons identifying Nuance Audio™ eyewear and its products and services are trademarks owned by Luxottica. Any use of these trademarks, in particular as domain names, account identifiers or search terms, without explicit written authorisation, is strictly prohibited. Other product names, company names or logos mentioned or displayed on or via the Website may be trademarks and/or service marks of third parties belonging to their respective owners.
3. PROPRIETARY RIGHTS.
This TOU provides only a limited license to You to access and use the Services. Accordingly, You expressly acknowledge and agree that Luxottica transfers no ownership or Intellectual Property interest or title in and to the Services to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Services, unless otherwise indicated, are owned, controlled, and licensed by Luxottica. Nuance Audio™, the Nuance Audio™ logo(s), and all other names, logos, and icons identifying Nuance Audio™, and its products and services are proprietary trademarks of Luxottica and any use of such marks, including, without limitation, as domain names, account identifiers, or as search terms, without express written permission is strictly prohibited. Other product and company names or logos mentioned or displayed on or through the Services may be the trademarks and/or service marks of their respective owners
4. ACCOUNT CREATION.
Registration enables the User to create a personal account on the Website. The e-mail address and password are the identifiers that enable the User to access their account. When registering, the User is asked to accept these T&Cs and to confirm that they have read the Privacy Policy. Once logged in, Users undertake to keep their password secure and not to disclose it to third parties: login details are personal and non-transferable, even free of charge. You shall take all necessary steps to ensure the confidentiality of your login details.
5. INFORMATION ABOUT THE WEBSITE AND THE GOODS
a. We try to make sure that all information on the Website, including descriptions of our Product(s) and listed prices, is accurate and always correct. However, mistakes do happen. We will try to resolve all errors in information on the Website as soon as reasonably possible and if We think that such an error has affected your order, We will make reasonable efforts to notify You via the contact information You provided to us on your account or during your order.
b. Buying goods over the internet provides a different shopping experience from buying in-store. In particular, please be aware that: (i) the colors of Product(s) as shown on the Website will depend on many factors – including your display settings; (ii) the actual sizes and shapes of the Product(s) may differ from how they appear on your screen; (iii) pictures and images on the Website are for illustration purposes only – for an accurate description of any item and details of what is included with the item, please refer to the corresponding written description; (iv) all Product(s) are subject to availability and We may not be able to supply your order; (v) We will do our best to arrange delivery of your Product(s) within a reasonable time of ordering and the ship date as set out in the shipping confirmation email, but please note that all tracking information is provided to Us by our delivery service provider and are estimates of delivery only (more information about delivery is provided below); (vi) not all Product(s) and promotions that are potentially offered on the Website will be available in-store, and vice versa. We reserve the right to adjust prices, Product(s) and special offers at our discretion and (vii) virtual model may distort or otherwise not provide an accurate representation of the Product(s) and its color(s), textures, size as well as your face and facial features and the fit of the glasses.
c. If at any time you have any questions or concerns, please contact us at the information found at the following link: www.nuanceaudio.com/en-us/c/contact-us
6. PRIVACY POLICY.
We invite You to consult Luxottica’s Privacy Policy relating to this Website, available on our site, in order to understand the methods used by Luxottica for collecting and processing Identifiable Data (“ID”). By using and accessing the Website, the User acknowledges, accepts and consents to our methods of collecting and using ID as described in our Privacy Policy.
7. CREATING AN ACCOUNT.
If You register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your device and for all activity under your account. Usernames and passwords must be personal and unique that do not violate the rights of any person or entity, and is not offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us of any unauthorized use of Your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. We may suspend or close an account for fraudulent condition and/or violations of these TOU. You will not sell, transfer, or assign your account or any account rights. In addition, accounts may only be set up by an authorized representative of the individual that is the subject of the account and who is of the age of majority. We do not review accounts for authenticity, and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.
8. RESTRICTIONS
You agree not to modify, distribute, disclose or create works wholly or partially based on the Services. You cannot (nor allow third parties to) sub-license, rent, sell, distribute, circulate, provide, transform, de-codify, break down, disassemble, reverse engineer, create derivative works of, modify or translate the Services, or in any case reproduce, copy, use or provide the Services, or parts of it, in any other manner except for that expressly permitted herein or permitted by mandatory law. You acknowledge and accept that the acquisition of any content or data through use of the Services is solely your responsibility and that You are solely responsible for any damage to the system or loss of data caused by using the service, even indirectly.
9. PRIVACY POLICY.
Please review Luxottica's Privacy Policy for this Website found on our Website for a description of Luxottica's personally identifiable information (“PII”) collection and use practices. By using the Service and visiting the Website, you also acknowledge, agree and consent to our PI collection and use practices as described in our Privacy Policy.
CONSENT TO CONTACT
Emails
By including your email in any submission, you are extending an express invitation to Luxottica. to be contacted. For any service, you represent that all of the information you have provided in your submission is true and complete.
Voice recording and monitoring consent
You agree and consent that Luxottica. may record or monitor communications made by you during any calls you make to us as permitted by 18 U.S.C. § 2511 et seq., Cal. Penal Code § 630 et seq., and other state laws that regulate call monitoring and recording. Luxottica is under no obligation to monitor or record its services for accuracy, completeness, or quality.
10. INDEMNIFICATION.
By using this Website, You agree to defend, indemnify and hold harmless Luxottica and its parent and affiliated companies, and their managers, employees and agents, from and against any loss, damage, liability, cost, expense (including legal fees) claimed by any third party and arising out of: (i) your use of and access to the Website; (ii) any content posted by the User; (iii) your breach of any of these T&CS; and (iv) your violation of any third party’s rights, including, without limitation, any proprietary, privacy or intellectual property rights. This indemnity shall survive the duration of your use of the Website.
11. ENFORCEMENT.
You acknowledge that any breach, threatened or actual, of these T&Cs will cause irreparable harm to Luxottica; such harm would not be quantifiable in terms of monetary damages, and Luxottica would not have an adequate legal remedy. You therefore agree that Luxottica shall have the right, in addition to other available remedies, to seek and obtain injunctive or other appropriate equitable relief from a court of competent jurisdiction to prevent any threatened or actual breach of your obligations under any provision of these T&Cs.
12. TERM AND TERMINATION.
These T&Cs shall terminate immediately and automatically upon our notice to that effect in the event of non-compliance with these T&Cs by the User. You may also terminate the T&Cs at any time by ceasing all use of the Website. Your obligations hereunder shall survive termination of these T&Cs for any reason whatsoever.
13. WAIVER AND SEVERABILITY.
Failure to insist on strict performance of any of the terms and conditions of these T&Cs shall not constitute a waiver of any assertion relating to subsequent breach or failure to perform. If any part of these T&Cs is held invalid or unenforceable by applicable law or court decision, including, but not limited to, the exclusions and limitations of liability set forth above, the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these T&Cs shall continue in full force and effect.
14. APPLICABLE LAW AND JURISDICTION.
This agreement and all rights and obligations of the parties shall be governed by and construed in accordance with the laws of Italy, without regard to its conflict of law provisions, and without prejudice to your rights under other applicable laws, which cannot otherwise be excluded.
15. INDEPENDENT PARTY.
You are an independent party. No joint venture, partnership, employment or agency relationship exists between You and Luxottica as a result of these T&Cs or your use of the Website.
16. ENTIRE AGREEMENT.
These T&Cs, the additional policies and any other agreements or terms with respect to the services, information or licenses available on the Website, all of which are incorporated by reference as if set forth in their entirety, represent the entire agreement between You and Luxottica with respect to the use of the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between You and Luxottica with respect to the Website.
17. NO ASSIGNMENT.
You may not assign or transfer any rights under these T&Cs without Luxottica’s prior written consent.
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