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These terms and conditions (Terms) for the sparkle mobile application (Sparkle) are issued by Radiant Health Limited (Radiant) and are effective from 4 July 2016. Sparkle is an App designed to deliver to you (you) contact lenses and other eye health products recommended and prescribed by your Optometrist. These terms cover the use of the App Sparkle and should be read carefully.
1.1 Radiant owns all copyright and other intellectual property in Sparkle. Everything on Sparkle, unless otherwise stated, is copyright.
1.2 Subject to your compliance with these Terms, Radiant grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
1.2.1 access and use Sparkle on your personal device solely in connection with your use of the services provided by Radiant; and
1.2.2 access and use any content, information and related materials that may be made available through Sparkle, in each case solely for your personal, non-commercial use.
1.3 Any rights not expressly granted herein are reserved by Radiant.
1.4 You may not:
1.4.1 remove any copyright, trademark or other proprietary notices from Sparkle;
1.4.2 reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Sparkle except as expressly permitted by Radiant;
1.4.3 decompile, reverse engineer or disassemble Sparkle except as may be permitted by applicable law;
1.4.4 link to, mirror or frame any portion of Sparkle;
1.4.5 cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Sparkle or unduly burdening or hindering the operation and/or functionality of any aspect of Sparkle; or
1.4.6 attempt to gain unauthorized access to or impair any aspect of Sparkle or its related systems or networks.
2.1 Your Optometrist will provide you with:
2.1.1 advice on the use and care of the products made available through Sparkle. By purchasing products through Sparkle, you agree to adhere to your Optometrist’s advice and
2.1.2 a prescription for contact lenses. This prescription will expire after a defined period of time which is monitored by your Optometrist and via Sparkle. Once the prescription has expired, Sparkle will not allow you to reorder your lenses. It is recommended that you contact your Optometrist at this point for another eye examination and a new prescription.
3.1 When you place an order in Sparkle, payment is made via credit card. Sparkle currently accepts Visa and Mastercard. The name that will appear on your statement will be Radiant Health Limited. All credit card payments are transacted through Payment Express to protect your privacy.
3.2 The goods are provided on an "as is" and "as available" basis. If the goods ordered by you are not readily available, Radiant will contact you to determine whether you wish to wait for delivery of your order. Should you not wish to continue with the order, Radiant will refund the payment in full.
3.3 Radiant reserves the right to alter prices at any time. Prices quoted on Sparkle are in New Zealand dollars and are inclusive of GST.
4.1 Your order will be delivered to the New Zealand address registered by you or your optometrist in Sparkle. You may change your delivery address in Sparkle or through your Optometrist.
4.2 Estimated delivery times are only estimates and times will vary.
4.3 Radiant reserves the right to refuse or cancel any orders that Radiant believes, solely by its own judgement, to be placed for commercial purposes.
4.4 Radiant also reserves the right to refuse or cancel any orders that Radiant believes, solely by its own judgement, to have been placed fraudulently.
4.5 For courier deliveries "without signatures required" Radiant's responsibility ends when the courier tracking report states that the parcel has been delivered at the registered address or as otherwise designated by you.
5.1 To the extent that the product you receive is faulty, damaged or incorrect, Radiant will exchange or refund your order.
5.2 Please contact customer services on ph 0800 658386 to arrange a courier to collect the faulty, damaged or incorrect product.
6.1 If a product is returned unopened and in saleable condition within 10 days of purchase, Radiant Health Limited will refund the purchase price.
6.2 Please phone customer services on ph 0800 658386 to arrange for return of the product. On approval of the condition of the product by Radiant (in its sole discretion), a refund will be made to the credit card used to make the purchase, less a handling fee for courier and administration cost of $10.00
7.1 To the maximum extent permitted by law:
7.1.1 Radiant disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these Terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
7.1.2 Radiant makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the goods promoted through Sparkle; and
7.1.3 Radiant does not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained in Sparkle. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this site.
7.2 Images displayed on Sparkle are for reference only, and may differ from the products supplied.
These Terms are governed by, and to be interpreted in accordance with, the laws of New Zealand.
These Terms may be modified by Radiant at any time. Radiant will notify you of all changes.
10.1 Sparkle enables consumers to order eye health products only when they have been registered by an Optometrist.
10.2 Security and consumer anonymity are core features of Sparkle:
10.2.1 the Sparkle database holds both Optometrist and consumer information in a secure and anonymous manner using unique identification numbers; and
10.2.2 the use of unique identification numbers can mean that individual consumer information held by Sparkle can only be used to identify a specific person by that person’s optometrist.
10.2.3 at any point the Optometrist can immediately delete the information by logging in and using the ‘delete information’ option.
10.3 Radiant is committed to protecting your privacy: Radiant complies completely with the principles of the Privacy Act 1993. This privacy policy discloses how Radiant gathers information about you and what Radiant does with the information that it gathers.
10.4 Will Radiant send you unsolicited messages? Radiant will only contact you when you have chosen to be notified by Sparkle or your optometrist has recommended that Radiant does so.
10.5 Will Radiant share your personal information with others? No. Radiant will not sell, lease, or give your personal details to any third party without your consent. Only optometrists will be able to access identifiable information, and only in relation to consumers they have added to Sparkle.
10.6 What will Radiant do with the personal information you provide? Radiant will ask for and collect a minimum of personal information to provide the requested goods and Sparkle. Optometrists and/or consumers can choose to be permanently removed from our database at any time (see below).
10.7 How will Radiant protect the personal information you provide? Radiant takes reasonable steps to ensure personal information is:
10.7.1 protected against loss, damage, misuse and unauthorised access by ensuring that all information you give on Sparkle is stored on a secure server; and
10.7.2 accurate, up to date, complete, relevant and not misleading.
10.8 How can you check your details or be removed from our database? You may check any personal information Radiant holds, correct any mistakes, or ask to be permanently removed from our database at any time by emailing Radiant's Privacy Officer at:
sparkle@radiant-health.co.nz
10.9 How does Radiant collect information from you? Radiant does not gather personal information about you without your knowledge. You can update your address or contact details at any time through Sparkle or your Optometrist. Sparkle will only record which products has been purchased.
10.10 What if Radiant's privacy policy changes? Radiant may update this privacy statement from time to time. All consumers included on the database will be notified by email when and if this occurs, and be reminded of the opportunity to be permanently removed from our database.
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