TWO OF A KIND TERMS & CONDITIONS
Last updated: 3 October 2019
WHO WE ARE
This Website is owned and operated by WDNS Pte Ltd (“we” or “us”), a private limited company incorporated in Singapore (UEN: 201712335R) having its registered address at 18 Cross Street, #14-01, Singapore 048423. All activity of this website including acceptance and fulfilment of paid orders and subscriptions is managed by WDNS Pte Ltd and its affiliates.
We at WDNS Pte Ltd and the Two of a Kind brand provide our services to you subject to the following conditions. Use of this website and any appointments, purchases, and/or other interactions in relation thereto are at all times subject to these terms and conditions, and you are advised to read them carefully. If you do not wish to be subject to these terms and conditions, please refrain from using this website.
You agree not to use this website for any unlawful purpose or for any purpose prohibited by these Terms and Conditions. You agree:
(a) not to copy, reproduce, modify or tamper with this website in any way;
(c) not to take any action that may damage or affect the systems or security of this website or interfere with any other users, whether by restricting or preventing any other user’s use of this website or otherwise;
(d) not to transmit any material that is illegal, unlawful, defamatory, infringes on the intellectual property rights of another entity, or is otherwise objectionable in any way, through this website;
(e) not to collect any data from this website or its related systems or attempt to decipher any transmissions to or from the servers hosting this website; and
(f) not to access or use this website or the content therein for any business or commercial purpose whatsoever without the express written permission of WDNS Pte Ltd.
PRIVACY & PERSONAL DATA PROTECTION POLICY
Please review our Privacy & Personal Data Protection Notice, which also governs your visit to this site and contains information about our data collection and storage practices.
When you visit this website, interact online with the Two of a Kind brand, or send e-mails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You acknowledge that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
NO MEDICAL OR PROFESSIONAL ADVICE RENDERED
You acknowledge that no information supplied on this website or in communications from us whether electronic or otherwise constitutes medical or professional advice, and that only a licensed eyecare professional, such as our in-house optometrist, is licensed and permitted to provide you with professional medical advice in relation to your eyes. Please note that our optometrists do not provide medical or professional advice except in person, by appointment. You are strongly advised not to make any eye care decisions without first consulting a qualified eyecare professional. None of the information on the site is to be construed as a recommendation or solicitation to pursue a course of action or not to do so.
Correspondence with you through the site or via other means, electronic or otherwise, does not create a medical professional-patient relationship. All interaction and correspondence is governed by our Privacy & Personal Data Protection Notice.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of WDNS Pte Ltd or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of WDNS Pte Ltd, and similarly protected by international copyright laws.
The Two of a Kind and Basis trademarks and trade dress are the property of WDNS Pte Ltd, and may not be used in connection with any product or service other than those of WDNS Pte Ltd, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits WDNS Pte Ltd. All other trademarks not owned by WDNS Pte Ltd or its subsidiaries or affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by WDNS Pte Ltd or its subsidiaries or affiliates.
LICENSE AND SITE ACCESS
WDNS Pte Ltd grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of WDNS Pte Ltd. This license does not include any resale or commercial use of this site or its contents, any collection and/or use of any product listings, descriptions, or prices, any derivative use of this site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools. This site or any part thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of WDNS Pte Ltd. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of WDNS Pte Ltd or its associates or affiliates without express written consent from the owner. You may not use any meta tags or any other “hidden text” utilizing WDNS Pte Ltd’s name or trademarks without the express written consent of WDNS Pte Ltd. Any unauthorized use terminates the permission or license granted by WDNS Pte Ltd. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to this site so long as the link does not portray the Two of a Kind brand, WDNS Pte Ltd, its associates or affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter, and does not falsely imply or suggest any approval, endorsement, or association by WDNS Pte Ltd, its associates or affiliates, or the Two of a Kind brand. You may not use the WDNS Pte Ltd name or logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with the authorization and under the supervision of a parent or guardian, who will be responsible for any and all activity on the site. WDNS Pte Ltd and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Insofar as the site interface allows users to post reviews, comments, or other content, or to submit suggestions, ideas, comments, questions, or other information, users may do so at their discretion so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your identity or the origin of a credit card or other content. WDNS Pte Ltd reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant WDNS Pte Ltd and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant WDNS Pte Ltd and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify WDNS Pte Ltd or its associates for all claims resulting from content you supply. WDNS Pte Ltd has the right but not the obligation to monitor and edit or remove any activity or content. WDNS Pte Ltd takes no responsibility and assumes no liability for any content posted by you or any third party.
THE PRODUCTS & THE SUBSCRIPTION
This website will guide you through the process you need to follow to purchase or to subscribe to Two of a Kind contact lenses.
PLACING YOUR ORDER
Your order will be placed when you click on the “Checkout” button at the end of the checkout process. Before placing your order you will be required to tick a box confirming that you accept these Terms and Conditions.
Your order is an offer by you to purchase and/or to enrol in a particular subscription plan for the Products, which shall be specified in the order. By placing your order you are agreeing to purchase the specified Products and/or subscription plan for the Products in the order. You are further agreeing, unless you terminate the subscription prior to the end of each billing period, to being charged the listed subscription fee for the renewal of your subscription on a regular basis at an interval determined by the specific subscription plan enrolled in.
By placing an order, you confirm that:
(a) you are aged 18 or over and legally capable of entering into a binding contract;
(b) the information you have provided in connection with your order is complete and accurate;
(c) you have a valid prescription for the Products you are ordering, issued by a qualified eye care professional;
(d) the Products in your order are for your own personal use only;
(e) you will use the Products strictly in accordance with the information and instructions provided with the Product and any advice provided by your licensed eye health care provider;
(f) you will inform us immediately of any changes to your prescription details or any other information that you have provided to us; and
(g) your use of this site does not violate any laws or regulations in the country you are located, and you are responsible in the event of any such violation resulting from your activity on this site.
After your order has been placed, you will receive an email acknowledgement. Once your payment has been verified, we will confirm your order by email, thereby creating a contract between you and WDNS Pte Ltd, subject to these Terms and Conditions.
We may reject your order if:
(a) the Product(s) you require are not available;
(b) we cannot obtain authorisation for your payment;
(c) there has been a pricing or product description error;
(d) the information you have provided is incomplete, inaccurate or incorrect;
(e) it appears that the order mistakenly duplicates another;
(f) the order appears to be for commercial or otherwise improper use; or
(h) your order requests delivery to a location outside of our delivery area.
In the event that your order is rejected, you will be refunded the paid amount in full.
The pricing plan for your subscription will be indicated on this website. All prices are quoted in Singapore dollars and include GST at the prevailing rate. We will do everything in our power not to increase the price, but ultimately reserve the right to change the advertised price on this website at any time if necessary. Any such change will not affect orders that have already been accepted.
We try to ensure that all the prices shown on the Website are accurate, however sometimes errors do occur. Where a product’s correct price is lower than that paid, we will refund the difference to you, and despatch your order in the usual way. If the correct price is higher, we may contact you for further instructions before we accept your order.
If a product you have ordered is not in stock, you will receive an email notifying you when the product will be available and your current order will be cancelled.
Payment for any subscription requires a valid debit card or credit card. We accept the following cards: VISA, MasterCard, and American Express. We use a third party payment gateway which will process your payment once your order has been submitted.
By providing details of a credit or debit card you confirm that you are authorised to use that payment method and you authorize us (or our third party payment processor) to charge your payment method for the total amount of your order.
We may from time to time at our discretion make arrangements to accept payments in cash, or via alternative means such as direct bank transfers and third-party payment platforms.
Your order may be fulfilled from Singapore or by our international affiliate. In the event that your order is fulfilled from outside of your country, the Products in your order will be shipped to you under the following terms and conditions:
a. You acknowledge and agree that you are purchasing products online internationally, and that WDNS Pte Ltd is providing a service to facilitate this foreign purchase on your behalf for importation into your country.
b. You shall assume legal ownership of any purchased products at the point of sale, and you will be the sole importer of the product into your country and responsible for any and all import obligations – WDNS Pte Ltd, Two of a Kind, and their respective affiliates are merely facilitating this shipping and importation at your direction and are acting as your agents.
c. WDNS Pte Ltd, Two of a Kind, and their respective affiliates are not liable for the importation of the purchased products, including any sales or import tax, customs regulations, detentions, or seizures.
d. For customers in Singapore, please refer to the HSA website guidelines on personal import of medical devices into Singapore.
We will send you a confirmation email once your Products have been despatched.
We will deliver your Products to the address provided by you in your order.
We will use our reasonable endeavours to ship the first shipment of your Products within 2 working days of the confirmation of your subscription. However, we cannot always guarantee that we will do so due to factors beyond our reasonable control. If your shipment is delayed, we will contact you as soon as we are able and will do our best to ensure delivery as soon as possible.
The prices shown on the products page of the Website do not include delivery charges; these will be shown separately on our Website at the checkout stage before you place your order.
We reserve the right to charge you a reasonable additional amount if you are not available to accept the delivery and we incur additional cost to re-deliver your Products.
RENEWAL OF SUBSCRIPTION
Upon the completion of your existing subscription plan, your subscription will automatically be renewed to the current plan with the same number of shipments, and your credit card will be charged the prevailing price for the said subscription plan.
CHANGING OR CANCELING YOUR SUBSCRIPTION PLAN
If you wish to change or cancel your subscription plan, please do so via this website. Your new subscription will commence after the end of any current subscription you may be enrolled in. Cancellation will stop any renewal of your subscription, however, your existing subscription will continue until it is completed, so long as your prescription remains valid. Please be advised that we are unable to provide refunds for ongoing subscriptions, therefore we advise that you do not enrol in a subscription plan for any period longer than you are comfortable with.
We aim to ensure that all Products supplied to you arrive in perfect condition. If your parcel shows signs of damage at the time of delivery then please do not accept the delivery or notify us immediately.
If you are returning a Product because we have sent the wrong item or the item is faulty or damaged, you can ask for a replacement at any time within 30 days of delivery of the Product. We will replace the Product free of any delivery charges. We will also reimburse your reasonable costs of returning the Product.
We ask that Products are returned to us with their original packaging and with any labels or seals intact. Please do not remove any labels or seals unless you are certain that you intend to keep the Products. In the event that any labels or seals are removed or tampered with, we reserve the right not to accept the return of that item and not to reimburse the cost of returning the Products.
Any reimbursement paid by us shall be subject to a restocking fee of $5 per order, save in the case that the refund is necessitated by a fault or error of WDNS Pte Ltd or its employees or agents, in which case the restocking fee shall be waived and you shall be refunded in full.
Due to the nature of the Products, once delivered they cannot be resold to any other individual. As such, WDNS Pte Ltd is unable to accept returned products except in situations as above where the return is due to damage or a wrongly delivered item.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
THIS SITE IS PROVIDED BY WDNS PTE LTD ON AN “AS IS” AND “AS AVAILABLE” BASIS. WDNS PTE LTD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WDNS PTE LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WDNS PTE LTD DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM WDNS PTE LTD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WDNS PTE LTD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
We will use reasonable skill and care to ensure that the Website is safe and secure and does not contain viruses and other damaging materials, however this is not something we can guarantee. If you suffer loss and/or damage in connection with the use of the Website or are dissatisfied with any part of the Website or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Website.
Our liability in connection with any Product that you have purchased from us is limited to the price that you paid for that Product.
By visiting this website, you agree that the laws of Singapore, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and WDNS Pte Ltd or its associates.
RESOLUTION OF DISPUTES
Any dispute relating in any way to your visit to WDNS Pte Ltd or Two of a Kind or to products you purchase or receive through or from WDNS Pte Ltd shall be resolved exclusively by way of confidential arbitration in Singapore, save that, to the extent you have in any manner violated or threatened to violate WDNS Pte Ltd’s intellectual property rights, WDNS Pte Ltd reserves the right to seek injunctive or other appropriate relief in the Singapore Courts, and you consent to the exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Singapore International Arbitration Centre. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review any other policies we may have posted on this site. These policies also govern your visit to this Website, WDNS Pte Ltd, and Two of a Kind. We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.