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Terms and Conditions

Terms and Conditions

 
INTRODUCTION
 
www.leoptique.com (the “Website”) is owned by and/or operated by or on behalf of Bestrade Inc. (“Leoptique/we/us”).   If you have any questions regarding the Website or these terms and conditions, or if you have any complaints about any products purchased, or any services you received from the Website or through any Applications (as defined below), you can contact us at: customerservice@leoptique.com.  These terms and conditions were last revised on 16 December 2016.
 
 
USE OF WEBSITE
 
These terms and conditions and any other policies referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together the “Terms”) apply to your use and access to the Website and any other website or application permitting you to place an order with Leoptique for any products and services (such websites and applications being the “Applications” for the purpose of these Terms) including all orders submitted by you for any products or services made available by us for purchase over the Website and/or the Applications.  As the context requires, references to “Website” in these Terms shall also include Applications as applicable.  By accessing this Website and/or Applications you acknowledge that you have read, understand, and agree to be unconditionally bound by these Terms and we therefor advise you to read these Terms carefully and to save or print a copy of these Terms and Conditions for future reference.  If you do not agree to these Terms, you must cease using and accessing the Website and all Applications immediately.  The Terms may be changed and updated from time to time and any changes will be effective from the publication of the amended Terms on the Website or relevant Application.  Please note that all options available on our Website may not be available on any Application or the Website accessed using a mobile device.
 
The Services are generally not intended for persons under the age of eighteen (18) years (or age of majority of the individual's relevant jurisdiction). If you are under this age, please do not view, use, register for, or subscribe to, the Website or the Services. If we learn that you are under eighteen (18) years of age or any other majority age in your jurisdiction (or fraudulently misrepresented your age during the registration or subscription process, if applicable), we will promptly cancel your registration, or subscription, if any, and stop providing you the Services.  Please note that these Terms do not affect your statutory rights as a consumer.
 
You agree that the information you provide when you register on this Website is not misleading, true and accurate in all respects and you will notify our customer service team of any changes to that information. 
 
We may change, withdraw, or suspend access to this Website (in whole or part and permanently or temporarily) with or without notice and with no liability to you.
 
This Website may include links to other websites or resources (“Linked Websites”).  Leoptique has no control over the content of Linked Websites and you agree that, should you access a Linked Website using a link from this Website, Leoptique is not responsible for the availability of the Linked Websites, and is not liable in any way for the content of linked websites, including (without limitation) any goods or services available from such Linked websites, other advertising or content on such Linked Websites or the use that such linked websites make of your personal information.  Furthermore, Leoptique will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such lined websites or the content thereon.
 
Leoptique may deny your access to this Website for publication at any time in its sole discretion.  Examples of when we may so deny your access include but is not limited to where we believe that your use of the Website is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.
 
Any material that you upload to this Website will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or and disclose to third parties any such material for any purpose.  We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
 
Leoptique will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of this Website and you hereby agree to be responsible to Leoptique for and indemnify, defend and hold harmless Leoptique and keep Leoptique indemnified against all costs, damages, expenses, losses and liabilities (including reasonable attorney’s fees) incurred and/or suffered by Leoptique as a result of any claim in respect of your use of the Website or any activity related to your account by you or any person other than Leoptique.
 
Leoptique has the right to remove any material or posting you make on the Website in Leoptique’s sole discretion.
 
We may offer you that ability through the Website to check the availability of certain products, but it does not guarantee that the product checked will be available when you purchase.  
 
 
PURCHASE OF PRODUCTS
 
All information on the Website is an invitation to treat only and is not an offer or unilateral contract.  You agree that your order is an offer to purchase the products listed in your order (the “Products”) from us on the Terms.  All orders submitted by you are subject to acceptance by us.  We may choose not to accept your order in our discretion for any reason without liability to you.  Examples of when we may not accept your order are as follows:
1. If products are shown on the Website but are not available or are incorrectly priced or otherwise incorrectly described;
2. If we unable to obtain authorization of your payment;
3. If you order multiple quantities of an individual product where such products are to be shipped to any one customer or delivery address;
4. If shipping restrictions may apply to a product.
 
When placing an order for the first time, you may be offered the option to register with us and will be required to complete certain required fields on an order form.  We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Website, such as the My Account section of the Website (“Secure Access”).  Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is kept secure and confidential at all the times.  You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorized use of the Secure Access or if the Secure Access becomes available to an unauthorized party.  Without prejudice to our other rights and remedies, we may suspend your access to the Website without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Website.
 
In the event of prolonged inactivity causes your connection to the Website to fail, your selection of goods may be lost.  In such case, you will be required to re-enter your selection.  Please note that items in your shopping basket and on your wishlist are not reserved and may be purchased by other customers.
 
Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.
 
You are responsible for correctly entering data and choices: 
1. Your personal information (name, correct and complete address and shipping information);
2. Payment information (credit card number, expiry and code numbers);
3. Selection of a proper size frame;
4. Proper color(s) and shading selections (such as, photochromic, clip-on etc.), 
5. Pupillary Distance (PD);
6. Accurate prescription (Rx) information
 
You can choose to hold an order for 24 hours before production begins.  When an order is made, we start production on your glasses based on the customer choice in the order.  Your lenses are created, custom ground, and polished using the finest European machines, clean rooms and careful personal attention to every pair. 
 
Your order is placed for processing by a selected supplier’s factory, in China or other locations.  The product will be shipped directly from the factory after sophisticated lab tests and quality control procedures.
 
You will be charged for products (together with the relevant delivery charges, card processing or payment processing charges) before they are being produced.
 
Variations in both the manufacturing processes we use and the display properties of the computer hardware you use to view our Website may mean that the colors, measurements, materials and designs of the products displayed on our Website and the products received by you may differ in appearance in minor respects.
 
 
PRICES
 
All prices of products on this Website are stated in United States Dollars and are the price for the products only.  They do not include any applicable sales tax payable.  They do not include the charge for delivery. 
 
We endeavor to ensure that all pricing information on the Website is correct.  Occasionally, however, an error may occur and products may be mispriced.  If a product’s correct price is lower than the price stated on the Website, subject to our right to refuse an order pursuant to the section on “Purchase of Products” 1 (a), we will charge the lower amount and send you the product.  If a product’s correct price is higher than the price stated on the Website, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation.  We will not be obliged to supply products at an incorrect price.  If we have taken an advance payment in circumstances where pricing information is incorrect, we shall endeavor to refund the payment taken as soon as possible if the product has not been shipped.
 
Leoptique may vary the prices of products listed on this Website at any time and without any notice but such changes will not apply to products in respect of which you have been sent a Dispatch Confirmation.
 
Please note that in some countries additional duties, taxes, fees, or similar charges may be payable to your national and local tax authorities on receipt of your delivery or in conjunction with your order, including without limitation, sales, use, excise, import, or similar taxes or duties.  You will be responsible for payment of any such duties, fees, and taxes.  Please note that we have no control over these changes and cannot predict their amount.  Please contact your local customs office for further information before placing your order.  Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws. 
 
 
PAYMENT TERMS
 
The total cost of your order will be the purchase price for the products, plus any delivery charges.   Please note that we accept payment in United States Dollars.
 
You confirm that the credit/debit card that is being used is yours and that all details you provide to us in respect there of including, without limitation, name and address details are complete, correct and accurate.  You further confirm that the credit/debit card is valid and the inputted payment details are correct.  All credit/debit cardholders are subject to validation checks and authorization by the card issuer.  If the issuer of your card refuses to authorize payment, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
 
We are not responsible for any charges or other amounts which may be applied by your card issuer or bank as a result of our processing of your credit/debit card payment in accordance with your order.
 
If your credit/debit card is not denominated in the currency of your purchase indicated on the Website, the final price may be charged in the currency of your card.  Such final price is calculated and charged by your card issuer or bank and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer charging you in a different currency other than the currency of your purchase as displayed on the Website.
 
 
 
GIFT CARDS AND EVOUCHERS
 
Gift Cards and e-vouchers can be redeemed against all products (except gift cards) online on the Leoptique.com.
 
Sales tax may be applicable on products purchased with a Gift Card depending on the delivery destination of your order.  
 
Gift Cards are non-transferable and cannot be returned or redeemed for cash.
 
If the total amount of your order is less than the value of the Gift Card, the remaining balance will remain on your Gift Card or e-voucher and can be redeemed against subsequent orders. 
 
If the total amount of your order is more than the value of the Gift Card, the remaining balance must be paid by a valid form of payment.   
 
If you return products purchased in whole or in part with a Gift Card or e-voucher your refund will be credited by an e-voucher.
 
Only original gift cards will be accepted.  For enquiries regarding the authenticity or validity of your Gift Card, please contact customer service at Contact Us.
 
Leoptique is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
 
 
INVOICING
 
Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
 
 
DELIVERY, TITLE AND RISK
 
Orders will be sent to the delivery address that you have given on your order form.  We cannot be held responsible if that delivery address is incorrect or incomplete.  Please note that we do not deliver to PO boxes.  Please note that there are restrictions on the locations to which we deliver products purchased from our Website.  Details of the locations to which we deliver are available from us on request.
 
Orders received on a day which is not a working day will be processed on the next working day.  Estimated delivery times will be calculated from the date when the product is ready to ship, unless otherwise specified.  For these purposes, a working day means any day in which banks are open for business in North America, other than Saturdays and Sundays or public holidays.  
 
Title in the products will pass to you on the later of:
 
The date on which we receive payment in full for such products; and 
The date and time of collection of such products for delivery to your nominated address, where you have elected to collect your order.
 
Once a product has been received by you or collected by you (or you nominated third party), all risk of damage to, or loss of, the product shall pass to you. 
 
In the event that a product is subsequently imported into a country, you shall be responsible for complying with all local import requirements, laws, regulations and rules and paying all import taxes and duties as may be applicable in respect thereof.
 
CANCELLATION AND RETURNS
 
Should you wish to cancel or return any products, you may only do so in accordance with our Returns & Cancellation policy.
 
 
GENERAL
 
This Website and all content (including, but not limited to, logs, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on this Website (the “Content”), is either owned or licensed by Leoptique, and is protected by applicable copyright laws and other intellectual property laws and treaties around the world.  All such rights are reserved.
 
The “Leoptique” trade mark as well as all trademarks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our products, Website, accessories or packaging, whether registered or not (the “Trade Marks”), are and remain the exclusive property of Leoptique and/or its licensors and are protected by applicable trade mark laws, regulations, directives, rules, and treaties around the world.  All such rights are reserved.
 
All other intellectual property rights (including, without limitation, registered or unregistered designs, copyrights, trademarks, patents, service marks, logos, trade dress, trade names, trade secrets, inventions, know-how, and moral rights) in or related to the Website, the products depicted and/or available on the Website and any accessories, stationery, packaging or ancillary items connected to such products, your order or the Website (the “Intellectual Property Rights”) are and shall remain the exclusive property of Leoptique and/or its licensors and such intellectual property rights are protected by applicable intellectual property laws, regulations, directives and treaties around the world, All such rights are reserved.
 
Subject to the terms herein, we grant you a revocable, non-sublicensable, non-transferrable, non-assignable, and non-exclusive limited license to access and make personal use of the Website limited such that it does not include the right to:
 
1. use the Website in any way which may prejudice or damage the reputation of Leoptique;
2. use the Website for any commercial or business purposes.  The Website is for your personal use only;
3. use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
Leoptique may terminate such limited license set forth in this Section at any time in its sole discretion without prejudice to any other remedy we may have against you pursuant to applicable law for any reason whatsoever or for any breach of these Terms.
 
Leoptique grants you a limited right to access and use the Website and Content solely for your personal use.  Unless otherwise specified on the Website, you may download Content displayed on the Website, and may use the downloaded Content, solely for your personal and noncommercial use.  You may print any textual Content available for downloading on the Website, solely for your personal and noncommercial use.  You must retain all intellectual property and other proprietary or restrictive notices to the extent they appear on downloaded, transmitted, and copied Content, and any such downloads, transmissions, or copies are subject to these Terms.  As between Leoptique and you, the Content and this Website shall remain the property of Leoptique.  Use, transmission, or downloading of the Content is conditioned on these Terms.  By acquiring, transmitting, or using the Content or using the Website, you agree to such Terms.  You may not download, copy, transmit, or use any of the Content or Website except as expressly authorized by these Terms and, in any event, you may not distribute, modify, copy, adapt, transmit, publish, publicly display, or sell, license, or create derivative works of the Content or Website other that in accordance with these Terms or as expressly indicated in writing by Leoptique on the Website.
 
You agree you shall not 
 
1. Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its Contents;
2. Engage in spamming or flooding;
3. Remove any copyright, trademark or other proprietary rights notices contained on the Website or in the Content;
4. Harvest or collect information about the Website visitors or members without their express consent;
5. Cache, upload, post, or transmit any content that you do not have a right to make available (such as the intellectual property of another party);
6. Sub-license, sell, reverse engineer, decompile or disassemble any portion of the Website or Content;
7. Bypass any measures used by us to prevent or restrict access to the Website or portions of the Website; or 
8. Use the Website or Content for any unlawful purpose.
 
 
CONTENT
 
Leoptique endeavours to ensure that the information posted on this Website is accurate and complete.  Leoptique does not, however, guarantee that the Content or any other information available on the Website is accurate and/or error free, Leoptique does not promise that the functionality of the Website or Content will be error free or that the Website, Content or the server that makes it available are free of viruses, malicious code or other components which are potentially harmful.  Leoptique recommends that all users of the Internet ensure they have up to date virus checking software installed.
 
We reserve the right to limit the availability of the Website and/or the provision of any Content, service, program, video or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, video or other product that we provide.
 
 
EXCLUSION OF WARRANTIES
 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEOPTIQUE AND LEOPTIQUE’S AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM AND EXCLUDE ALL OTHER TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES IN RELATION TO THE WEBSITE, CONTENT, USER CONTENT, PRODUCTS AND SERVICES WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ACCURACY, TITLE, OR NON-INFRINGEMENT OF INTELLECTURAL PROPERTY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE OR COURSE OF DEALING OR USAGE OR TRADE PRACTICE.
 
THIS WEBSITE AND THE CONTENT IS PROVIDED AS IS, AS AVALABLE WITH ALL FAULTS.  LEOPTIQUE AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THA THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMMENT NEEDED TO ACCESS AND USE THE WEBSITE, AND ALL CHARGES RELATED THERTO.  YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, CONTENT, AND THE SERVICES AND YOUR RELIANCE THERON.  NO OPINION, ADVICE OR STATEMENT OF LEOPTIQUE OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.  YOUR USE OF THE WEBSITE AND ANY CONTENT PROVIDED THROUGH THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK.
 
LIMITATIONS OF LIABILITY
 
Nothing in these Terms limits or excludes our liability: for death or personal injury caused by negligence; for fraud or fraudulent misrepresentation; or for any other liability which cannot be limited or excluded by applicable law.
 
Subject to above clause, Leoptique and/or its directors, officers, employees, consultants, agents and other representatives will not be liable, whether in contract, in tort (including, without limitation, negligence), or otherwise arising out of or in connection with these Terms, Content, User Content, or product or services on this Website for any:
 
1. Economic losses (including, without limitation, loss of income, revenues, data, goodwill, actual or anticipated profits, contracts, business, opportunity or anticipated savings or other intangible losses);
2. Loss of good will or reputation; or 
3. Special, indirect, consequential, special, exemplary, punitive losses or damages suffered or incurred by you arising out of or in connection with these Terms, this Website, Content or User Content contained on the site, any linked site or any service or products purchased or provided through this Website, under any contract, negligence, strict liability or other theory.
 
Subject to above two clauses of Section Limitation of Liability, the sole and exclusive and maximum total liability under these Terms of Leoptique and/or its directors, officers, employees, consultants, agents and other representatives, whether arising under contract, tort (including negligence), strict liability, or breach of statutory duty or otherwise shall in no event exceed 100% of the price of the product paid by you that you have purchased from Leoptique through the Website during the six month period preceding the date on which the claim arose.
 
This Section does not affect your statutory rights as a consumer.
 
 
DATA PROTECTION
 
By placing an order, you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy Policy.  Leoptique fully respects the privacy of individuals who access and use the Website.  For details of the way in which we use cookies, the type of information we collect, how and for what purpose we use your information and under what circumstances we disclose information please see our Privacy Policy and Cookie Policy.  The terms of our Privacy Policy are hereby incorporated into and made a part of these Terms.
 
 
ASSIGNMENT, SUBCONTRACTING ETC. 
 
We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected.  You may not assign, sub-contract, novate, or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.
 
 
AMENDMENTS TO THESE TERMS
 
We reserve the right to make changes to these Terms at any time.  You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the products in question from us.  Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, updating the Terms on the Website or posting a notice on the Website.  Your continued use of the Website after such update or notice will be deemed acceptance of such changes.  Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms.  The revised Terms or Privacy Policy will be effective when posted.  If we make changes to these Terms or our Privacy Policy and you continue to use our Website, you are agreeing to the revised Terms and our Privacy Policy.
 
 
EVENTS BEYOND OUR REASONABLE CONTROL
 
We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control.  The timeframes given for the delivery of the products ordered by you are estimates only.  You acknowledge and agree, time is not of the essence.
 
 
SEVERANCE
 
Each provision of these Terms shall be construed separately and independently of each other.  If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.
 
 
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of Canada and the United States of America applicable therein. The parties hereby agree and attorn to the exclusive jurisdiction in which you reside. The parties have required that these Terms of Use and all related documents be drawn up in English. 
 
 
 
 ENTIRE AGREEMENT
 
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract. 
 
We each acknowledge that, in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (“Representations”) of any person (whether a party to that contract or not) other than as expressly set out in these Terms.
 
You agree that the only rights and remedies available to you arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.
 
 
WRITTEN COMMUNICATIONS
 
Applicable laws require that some of the information or communications we send to you should be in writing.  When using the Website, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on the Website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This Section does not affect your statutory rights.
 
 
CLAIMS OF COPYRIGHT INFRINGEMENT UNDER US LAW
 
Leoptique respects the intellectual property rights of others.  In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Leoptique will respond expeditiously to claims of copyright infringement committed using the Website that are properly reported to Leoptique’s Designated Copyright Agent.
 
If you believe that your, or a third party’s, work has been copied in a way that constitutes infringement on the Website, you may send us a copyright infringement notice requesting that the content be removed.  The notice must include:
 
a. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located in the Website are covered by a single notification, a representative list of such works);
c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Leoptique to locate the material on the Website;
d. the name, address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
e. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
f. a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and 
g. your address, telephone number and email address.
 
Please send your copyright notice to: copyright@leoptique.com
 
Please consult your legal advisor before filing a notice as there can be penalties for false claims