These Terms and Conditions constitute a legally binding contract between the customer (“You”) and Eyeprotect Pty Ltd (ACN 168 946 594) (“Eye Protect”) being the owner of the Website and apply to Your access and use (including but not limited to ordering, purchase and fulfilment of Orders, and delivery of Goods) on the Website. By accessing, using and/or placing an Order for Goods on the Website, You accept these Terms and Conditions and agree to be bound by them, and an agreement is formed between Us and You. If You do not accept these Terms and Conditions, You must refrain from accessing, using and/or placing an Order for Goods on the Website.
Incorporated on the Website are policies governing various matters ("Policies"). Such Policies include but are not limited to policies listed on the webpages titled Payments, Shipping & Delivery, Returns & Refunds, Product Warranties, Your Prescription, Lens Guide and Health Funds. The Policies form part of these Terms and Conditions as if they were stated herein. By accessing, using and/or placing an Order for Goods on the Website, You accept these the Policies and agree to be bound by them. If You do not accept the Policies, You must refrain from accessing, using and/or placing an Order for Goods on the Website.
Please read the following Terms and Conditions carefully before accessing, using and/or placing an Order for Goods on the Website.
1.1. In these Terms and Conditions:
1.2. “Account” means a personal account created by You on the Website;
1.3. “Additional Delivery Charge” has the meaning given in Clause 4.6;
1.4. “Code” means a promotional, coupon or rebate code;
1.5. “Delivery Address” means the address for delivery specified by You in Your Order;
1.6. “Delivery Charge” has the meaning given in Clause 4.5;
1.7. “Goods” means those products made available by Eye Protect for purchase on the Website; Unless otherwise stated, any accessories that are shown in any image of a Good are not included in the price for that Good;
1.8. “Guest” means a person who selects in the checkout to be a guest for the purposes of Eye Protect processing their Order;
1.9. “International Delivery Charges” has the meaning given in Clause 4.7;
1.10. “Order” means an order for Goods, placed on the Website in accordance with the provisions of these Terms and Conditions in particular Clause 7;
1.11. “Password” means the password needed to access Your Account;
1.12. “Policies” means the policies incorporated on the Website which govern various matters. Such Policies include but are not limited to policies listed on the webpages titled Payments, Shipping & Delivery, Returns & Refunds, Product Warranties, Your Prescription, Lens Guide and Health Funds.
1.13. “Prescription Order” means any Order which includes any Goods which are required to be supplied or manufactured in accordance with an optical prescription from a qualified, registered medical practitioner or optometrist;
1.14. “Registered User” means a person who creates an Account on the Website;
1.15. “We”, “Us”, “Our” or “Eye Protect” means Eyeprotect Pty Ltd ACN 168 946 594 and may include Our officers, employees, suppliers, agents and/or contractors the as context allows;
1.16. “Website” means this website being located at https://www.eyeprotect.com.au or such other domain listing. Any reference to this Website includes the whole or any part of the web pages located on this Website (including but not limited to any elements of design, underlying code, text, sounds, graphics, video, animated elements or any other content);
1.17. “You” and “Your” means you or anyone (including Guests and Registered Users) who accesses, uses and/or places an Order for Goods on the Website, and includes access, use and Orders submitted on your behalf by your agent or anyone who uses your Account, whether or not on your behalf.
2.1. In these Terms and Conditions:
(a) headings are for convenience only and do not affect interpretation.
2.2. Unless the context indicates a contrary intention:
(a) an obligation or liability assumed by, or a right conferred on, TWO (2) or more parties binds or benefits all of them jointly and each of them severally;
(b) the expression person includes an individual, the estate of an individual, a corporation, an authority, an association or a joint venture (whether incorporated or unincorporated), a partnership and a trust;
(c) a reference to any party includes that party’s executors, administrators, successors and permitted assigns, including any person taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(d) a reference to a “third party” includes a reference to any agent, contractor or consultant of Eye Protect, or of any of its related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the Website or in the fulfilment of Orders made through the Website;
(e) a reference to any document (including these Terms and Conditions) is to that document as varied, novated, ratified or replaced from time to time;
(f) a reference to any statute or to any statutory provision includes any statutory modification or re-enactment of it or any statutory provision substituted for it, and all ordinances, by-laws, regulations, rules and statutory instruments (however described) issued under it;
(g) words importing the singular include the plural (and vice versa);
(h) references to parties, clauses, schedules, exhibits, attachments or annexures are references to parties, clauses, schedules, exhibits, attachments or annexures to or of these Terms and Conditions, and a reference to these Terms and Conditions includes all schedules, exhibits, attachments and annexures to these Terms and Conditions;
(i) a reference to an item is to an item in the reference schedule to these Terms and Conditions;
(j) where a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(k) the word includes in any form is not a word of limitation; and
(l) a reference to $ or "dollar" is to Australian currency.
3. Your Legal Rights
3.1. Your purchase of Goods will be subject to certain laws including, but not limited to, the Australian Consumer Law. The Australian Consumer Law provides You with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that Eye Protect represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
4. Goods, Pricing and Taxes
4.1. Prices for Goods are as shown on the Website.
4.2. Eye Protect reserves the right to change the prices of Goods at any time without notice to You. The price displayed at the time that You place Your Order will continue to apply to You even if the price changes before Your Order is accepted by Eye Protect.
4.3. Images of Goods published on the Website without any advertised price beside that image are not for sale.
4.4. Images are for illustrative purposes only and may vary from Goods depicted or described.
4.5. In addition to the price of the Goods, You will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in Your shopping cart.
4.6. In addition to the price of the Goods and the Delivery Charge (if any) You may also need to pay any additional delivery charges which are not shown in Your shopping cart but which we incur because You live in an area where Eye Protect will need to incur additional costs to have Your Order delivered to You (“Additional Delivery Charge”). Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If You live in an area to which an Additional Delivery Charge will apply, Eye Protect will contact You before accepting Your Order and provide You with a quote for the Additional Delivery Charge. If, within the timeframe specified, You do not agree to accept the Additional Delivery Charge, Eye Protect will cancel Your Order.
4.7. If Eye Protect agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). If You live in an area to which an International Delivery Charge will apply, Eye Protect will contact You before accepting Your Order and provide You with a quote for the International Delivery Charge. If, within the timeframe specified, You do not agree to accept the International Delivery Charge, Eye Protect will cancel Your Order. You will also be responsible for any foreign taxes or duties that apply including but not limited to, any customs or import duties.
4.8. All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.
5. Accounts, Guests and Registered Users
5.1. You may access and/or use the Website as a Guest or as a Registered User.
5.2. To become a Registered User of the Website, You must provide Your name and address, telephone number, a valid email address and nominate a password. Please ensure that You enter all information carefully when creating an Account. You warrant to Eye Protect that all information provided by You in relation to Your Account is complete, true and accurate. If You do not provide accurate and complete details we may not be able to activate Your Account or supply products to You. You agree to keep Your Account details current at all times by accessing and updating Your Account via the Website.
5.3. You will receive an email from us as soon as practicable after You create Your Account.
5.4. We only permit one Account per email address.
5.5. You must not use another Registered User's Account without our permission.
5.6. You must keep Your Password secure as You are responsible for any activity on Your Account. You agree to notify us immediately if You become aware of any security breach or any unauthorised use of Your Password or Account.
5.7. If You forget Your Password You may click on the relevant link located on the Website and we will email You a new Password.
5.8. We reserve the right to terminate a Registered User’s Account without notice for any reason whatsoever including but not limited to, if You have breached or we suspect You have breached these Terms and Conditions.
5.9. Except to the extent otherwise required by law (including but not limited to, the Australian Consumer Law), Eye Protect will not be liable to You, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of:
(a) Your Account information being incomplete or inaccurate; or
(b) any unauthorised use of Your Password or Account which takes place before You notify Eye Protect, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
5.10. If Eye Protect suffers any loss, damage, cost or expense as a result of any unauthorised use of Your Password or Account which takes place before You notify Eye Protect then You are liable to pay Eye Protect the amount of that loss, damage, cost or expense.
6. Legal Capacity
6.1. You must be eighteen (18) years of age or over to register an Account or purchase Goods as a Guest or Registered User from the Website.
6.2. Any Order and/or purchase made by You from the Website is an acknowledgement by You that You:
(a) are over the age of eighteen (18) years;
(b) accept these Terms and Conditions;
(c) agree that You have entered into a legal contract with Eye Protect in relation to these Terms and Conditions; and
(d) these Terms and Conditions, together with Your Order, constitute the entire agreement between You and Eye Protect for the supply of Goods.
6.3. Eye Protect reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an Order to be placed, for any loss or damage Eye Protect may suffer as a result of a transaction entered into by a minor.
7.1. Representations of products for sale made by Eye Protect via the Website do not constitute an offer to sell but an invitation to treat.
7.2. You can place an Order by selecting the Goods You would like to purchase, adding them to the shopping cart and completing all steps in the checkout.
7.3. An Order submitted by You is an offer by You to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of Your Order and any applicable Additional Delivery Charge or International Delivery Charge. Eye Protect may, in its sole and absolute discretion, accept or reject any Offer made by You for any reason (or no reason).
7.4. By placing an Order You agree to pay the price of the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.
7.5. When placing an Order via the Website, You will be taken to have communicated Your offer to purchase the product(s) only when:
(a) any requirements set out in these Terms and Conditions have been met;
(b) the electronic instruction containing the offer from You enters and is recorded in our database;
(c) a record is created and stored in our database; and
(d) Eye Protect receives in its account full payment from You for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
7.6. You acknowledge and agree that:
(a) the transmission of Your offer or the confirmation of any payment, made through an electronic instruction may not be received by Eye Protect for reasons beyond either parties' reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems; and
(b) to the extent permitted by law, Eye Protect is not liable to You in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the Website, or any failure to receive an electronic instruction for whatever reason;
7.7. You acknowledge and agree that:
(a) Eye Protect may act on and process all completed electronic instructions transmitted or issued through the Website without further consent from or reference to You; and
(b) Eye Protect may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
7.8. Each Order that You place will, if accepted by Eye Protect, be a separate and binding agreement between You and Eye Protect with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
7.9. Once You have placed Your Order, You cannot cancel or revoke Your Order, unless expressly provided for in these Terms and Conditions.
7.10. If Your Order is not accepted by Eye Protect, Eye Protect will notify You and Eye Protect will arrange for a full refund of any payment made by You to be processed.
7.11. If You place an Order for someone else to receive the Goods, You must obtain their consent before providing Eye Protect with their personal information and by placing an Order, You confirm to Eye Protect that You have done this.
7.12. Please ensure that You enter all information carefully when placing an Order. Eye Protect recommends that You carefully review any proposed Orders before finalising and submitting the Order.
7.13. You warrant to Eye Protect that all information provided by You in relation to each Order is complete, true and accurate.
7.14. Orders are not able to be changed or cancelled once the Order has been submitted and/or accepted by Eye Protect. Eye Protect will use reasonable endeavours to change or cancel the Order but makes no representation that it will be able to do this.
7.15. Except to the extent otherwise required by law (including but not limited to, the Australian Consumer Law), Eye Protect will not be liable to You, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of Your Order information being incomplete or inaccurate or as a result of being unable to change or cancel Your Order once it has been submitted by You and/or accepted by Eye Protect, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
7.16. Where You place separate Orders, the Goods may be delivered separately and a separate Delivery Charge (and if applicable any Additional Delivery Charge or International Delivery Charge) may apply to each Order. Eye Protect may consolidate separate Orders into one delivery where in its sole discretion it is possible to do so.
7.17. Where You Order more than one Good in one Order, all Goods for which Your Order is accepted at the same time will be dispatched together where practicable. In some cases Goods may be dispatched separately.
8. Prescription Eyewear
8.1. By placing a Prescription Order, You warrant, represent and undertake:
(a) that You are not registered blind or registered partially sighted;
(b) that You are in possession of a written prescription in respect of the Goods that are the subject of the Prescription Order, and that such prescription has been given to You by a registered medical practitioner or registered optometrist ("Your Optometrist") following a visual examination by him or her and that any recommended retest date has not elapsed;
(c) Your prescription is less than TWENTY-FOUR (24) months old for a Prescription Order containing spectacles and/or sunglasses and less than TWELVE (12) months old for a Prescription Order containing contact lenses;
(d) if You are aged SEVENTY (70) or over, Your prescription is less than TWELVE (12) months old no matter what Goods are contained in Your Prescription Order;
(e) if sending Eye Protect Your existing spectacles to be copied, that the spectacles sent to Eye Protect are made to Your written prescription referred to in Clause 8.1(b);
(f) to supply, full, accurate and complete details of Your current prescription (including any notes on the prescription) or a copy of Your original prescription when requested, and any contact details as given to You by Your Optometrist;
(g) that You know of no reason why the Goods (including the Goods that are the subject of the Prescription Order) may not be suitable for Your requirements; and
(h) if You have worn spectacles or contact lenses before and have experienced any problems with the spectacles or contact lenses, to provide Eye Protect with accurate and complete details of such problems.
8.2. Except to the extent otherwise required by law (including but not limited to, the Australian Consumer Law) or as expressly set out in these Terms and Conditions, Eye Protect will not be liable to You, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the supply of a Prescription Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8.3. You acknowledge and agree that, with respect to any Prescription Order, Eye Protect's optometrists shall have absolute discretion:
(a) to contact You to discuss Your Prescription Order; or
(b) to contact the registered medical practitioner or registered optometrist who provided Your prescription to verify and/or discuss Your prescription.
8.4. If considered necessary or appropriate by one of Eye Protect's optometrists, Eye Protect may as a condition of acceptance of Your Order:
(a) request that You send Eye Protect the original written prescription (or a copy thereof);
(b) request that You contact the registered medical practitioner or registered optometrist who provided Your prescription to verify and/or discuss Your prescription;
(c) request that You obtain Your pupillary distance measurement from Your Optometrist; and/or
(d) request that You obtain a new written prescription (if, by way of example only, the prescription provided with Your Order contains a retest date that has elapsed).
8.5. Eye Protect will use an appropriate, average pupillary distance set by its optometrists, unless:
(a) You send Your pupillary distance measurement to us; and/or
(b) one of Eye Protect optometrists considers at his/her absolute discretion that it is necessary for You to obtain a pupillary distance measurement.
8.6. The Goods may contain written confirmation of the prescription of the Goods. If the prescription stated does not match the prescription You set out in Your Prescription Order, do not use the Goods or any items accompanying the Goods and please contact Eye Protect immediately.
9. After You Have Submitted an Order / Payment
9.1. When You submit an Order You will receive an Order reference number via e-mail.
9.2. Eye Protect will process payment for Your Order when, or shortly after, You place Your Order (except to the extent set out in Clause 4.6 and 4.7). Your Order is deemed to be accepted by Eye Protect when Eye Protect processes Your payment, however Eye Protect may, in certain circumstances, cancel Your Order after acceptance as set out in these Terms and Conditions. In the event that Eye Protect cancels Your Order having already processed payment, it will refund Your payment in full in accordance with Clause 14.1.
9.3. When Eye Protect accepts an Order, it represents an agreement by Eye Protect to supply the Goods to You in accordance with Your Order subject to receiving payment from You and subject to these Terms and Conditions.
9.4. Eye Protect offers a variety of payment options. These include but are not limited to Debit/Credit Card (processed by PayPal), PayPal account, Bank Deposit and Cheque/Money Orders. If the name on the Debit/Credit Card or account does not match the name on the Order, Eye Protect may ask You to provide additional information in accordance with its fraud detection processes. By providing Your Debit/Credit Card details You authorise Eye Protect to deduct the price and the applicable Delivery Charge(s) from such card.
9.5. To the extent permitted by law, Eye Protect will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by You where a Debit/Credit Card or PayPal account is fraudulently used or is used in an unauthorised manner.
9.6. Eye Protect reserves the right to change the payment options that can be used for Orders at any time in its absolute discretion.
9.7. Eye Protect may not be able to, or may decline to, accept payment from You by Your nominated payment method at any time for any reason. Where this is the case, Your Order will be placed on hold and Eye Protect will contact You to ask You to provide additional information or arrange payment by another method. If You are unable to comply with Eye Protect’s requests within the timeframe specified, Eye Protect may cancel Your Order.
9.8. Goods that You have ordered will not be dispatched to You until Your payment in full for the Goods has cleared in Eye Protect's bank account.
9.9. If Your payment cannot be processed, Your Order may be rejected and Eye Protect will notify You.
10. Cancellation of Orders
10.1. Eye Protect reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Eye Protect may do this for example, but without limitation, where:
(a) Eye Protect’s suppliers are unable to supply Goods that they have previously promised to supply;
(b) an event beyond Eye Protect’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Eye Protect is unable to supply the Goods within a reasonable time;
(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
(d) You ask Eye Protect to cancel Your Order in accordance with Clause 7.14; or
(e) in the circumstances set out in Clause 4.6, 4.7 or 9.7.
10.2. Where Eye Protect cancels Your Order after acceptance, Eye Protect will notify You.
10.3. In the event of Eye Protect cancelling Your Order after payment has been processed, Eye Protect will refund any money paid in respect of that Order.
10.4. Except to the extent otherwise required by law (including but not limited to, the Australian Consumer Law) or as expressly set out in these Terms and Conditions, Eye Protect will not be liable to You, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of Your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
11. Availability of Goods
11.1. As Eye Protect is dependent upon its Suppliers to provide stock, and therefore Eye Protect cannot guarantee availability of Goods at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Eye Protect reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to You.
11.2. Except to the extent otherwise required by law (including but not limited to, the Australian Consumer Law), Eye Protect will not be liable to You, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
12.1. Risk and title in Goods passes to You on the date and time of delivery of the Goods to the Delivery Address provided in Your Order.
12.2. Goods will generally only be delivered to addresses within Australia. Eye Protect may be unable to deliver to certain parts of Australia and where this is the case, Eye Protect will notify You.
12.3. Where requested, Eye Protect will deliver to PO Boxes in Australia. Where You have supplied a PO Box as the Delivery Address when placing Your Order, and it is not possible to deliver the Goods to a PO Box, Eye Protect will contact You to arrange an alternative delivery address.
12.4. Following dispatch of Your Goods, Eye Protect will email You with confirmation of dispatch and an invoice for Your Order.
12.5. On delivery You may be required to sign a proof of delivery document. If You are not available to take delivery, Your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the Delivery Address.
12.6. If You require Goods that You have ordered to be re-directed to an address which is not the original Order address, Eye Protect may charge You an additional fee for doing this.
12.7. Eye Protect cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
12.8. Please refer to Eye Protect Shipping & Delivery Policy on the Website for further information regarding shipping and delivery costs and expected delivery times.
13. Delay in Availability or Delivery of Goods
13.1. You acknowledge and agree that:
(a) Eye Protect does not guarantee the delivery or availability of Goods within the timeframes set out in the Eye Protect Shipping & Delivery Policy on the Website or otherwise specified by Eye Protect or any of its staff;
(b) events outside Eye Protect’s control may cause delays, or in some circumstances, prevent Your Goods from being delivered; and
(c) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including but not limited to, the Australian Consumer Law), neither Eye Protect nor any of its agents will be liable to You, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to You, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
14. Refunds of Your Money
14.1. Where Eye Protect is obliged to refund Your payment pursuant to these Terms and Conditions, Eye Protect aims to initiate Your refund within 10 business days. The additional time that it takes for You to actually receive Your refund will depend upon how quickly financial institutions processes the refund.
14.2. Except to the extent otherwise required by law (including but not limited to, the Australian Consumer Law), Eye Protect will not be liable to You, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in You receiving any refund due to You, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
15. Product Returns and Faulty or Damaged Goods
15.1. You should check Your Goods as soon as they are delivered to You in order to ensure that they are what You ordered and that they are not faulty or damaged. If Your Goods are faulty or Damaged, You should contact Eye Protect as soon as possible.
15.2. If You have a problem with any Goods or otherwise wish to return them please refer to Eye Protect’s Returns & Refunds Policy on the Website.
15.3. When returning Goods, it is a requirement that You provide Eye Protect with Your proof of purchase.
15.4. It is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories supplied at the time of original purchase.
15.5. Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.
15.6. Should Goods be returned to Eye Protect which are damaged in any way (other than due to You originally receiving them in such state), Eye Protect will not be liable in any way to process a refund. In such circumstance, Eye Protect may charge You an additional delivery fee to return the damaged Goods to You. Should You not pay the additional delivery fee, You will forfeit the Goods.
15.7. You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
16. Promotions and Advertising
16.1. Where you input any of your personal information (including but not limited to your name, address, phone number or email address) you consent that Eye Protect may use this personal information to send you promotional and advertising material.
16.2. Eye Protect may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at Your own risk. Eye Protect does not accept any responsibility in connection with Your participation in activities conducted by any other party.
17. Promotional Codes and Discounts
17.1. You may receive offers and promotions, distributed with Your Order, mailed to Your home, emailed to You or supplied to You by Eye Protect or third parties in any other manner ("Offers and Promotions").
17.2. Some Offers and Promotions may include a code for use when placing an Order ("Promotional Code").
17.3. It is Your responsibility to ensure that the Promotional Code is valid, and that You enter the Promotional Code at the time of placing an Order. The Promotional Code cannot be applied after You have submitted Your Order.
17.4. Any Promotional Code is non-transferable, cannot be posted on a forum or website and may not be used with other Offers and Promotions.
17.5. Certain Promotional Codes and offers, are subject to separate and/or additional terms. You should read the applicable terms carefully.
18. Eye Protect's Liability To You
18.1. To the full extent permitted at law, Eye Protect is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.
19. Website Use
19.1. Eye Protect reserves the right, at any time without notice to:
(a) amend, update, change or remove any part of the Website without notice;
(b) suspend or restrict Your access to the Website if You are in material breach of these Terms and Conditions; and/or
(c) stop or suspend the operation of the Website.
19.2. Any amendment will take effect from the time that it appears on the Website and the Terms and Conditions which apply at the time that You place Your Order are the Terms and Conditions which will apply to Your Order. Your continued use of the Website following such amendment of these Terms and Conditions will represent an agreement by You to be bound by the Terms and Conditions as amended.
19.3. Where Your access to the Website is terminated, all disclaimers and limitations of liability set out in these Terms and Conditions will survive.
19.4. You agree to use the Website only for purposes that are permitted by the Website and these Terms and Conditions.
19.5. You agree that You will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content.
19.6. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
19.7. Eye Protect may stop (temporarily or permanently) providing access to the Website to You, Guests or Registered Users, at its discretion and without prior notice to You.
19.8. Eye Protect may in its sole discretion restrict Your access to the Website. If Eye Protect does this, You may be prevented from accessing all or parts of the Website, Your Account details or other content contained in Your Account. Eye Protect will not be liable to You or any third party for doing so.
19.9. As electronic websites are subject to interruption or breakdown, access to the Website is offered on an "as is" and "as available" basis only.
20. Website Content
20.1. Any articles, information or content published on the Website must be read subject to these Terms and Conditions.
20.2. Although Eye Protect uses its best endeavours to confirm the accuracy of any information published on the Website, You agree that Eye Protect cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Eye Protect or by manufacturers or suppliers changing product specifications without notice to Eye Protect. You agree to make Your own enquiries to verify information provided and to assess the suitability of products before You purchase Goods on the Website.
20.3. The information, materials and services on the Website are provided as a recommendation and for general information purposes only. The information, materials and services on the Website are current at the time of first publication. The information, materials and services on the Website is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of the information, materials and services on the Website to ensure that the information, materials and services on the Website meets Your particular requirements. You should report to Eye Protect any error or omission in any information, material or service.
20.4. The Website may feature or display third party advertising or content. By featuring or displaying such advertising or content, Eye Protect does not in any way represent that Eye Protect recommends or endorses the relevant advertiser, its products or services.
20.5. Eye Protect nor any third party will be liable for any errors in content, or for any actions You take in reliance on them. You nor any other person may hold Eye Protect liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.
21. Social Media
21.1. Eye Protect uses a number of social media sites (eg Facebook, Twitter, Instagram, Youtube, Pinterest and LinkedIn); which may change over time. Eye Protect reserves the right to cease any such sites in its discretion. The Website may also include social media functions, including user reviews, ratings, forums, and the ability to interact with other users.
21.3. Eye Protect does not necessarily endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements posted by You or any users or members on sites or Eye Protect’s social media sites. Any information or material placed online by You or users, including advice or opinions, is the view and responsibility of You or those users and does not necessarily represent our views.
21.4. You must not post or upload any comment, content or link to the sites or Eye Protect’s social media sites which does not comply with these Terms and Conditions, including if it is defamatory, harassing, bullying, indecent or inflammatory.
21.5. Eye Protect may moderate Your or other users, user-posted content and may remove any content that, in Eye Protect’s opinion, is inappropriate. While Eye Protect reviews content regularly, there may be times when inappropriate content is viewable before it can be removed.
21.6. Eye Protect does not undertake to inform You or other users when such content has been moderated or removed. Eye Protect may provide warnings, or otherwise block or suspend users or their Accounts in our sole discretion.
21.7. Where You post or submit content to a site or one of Eye Protect’s social media sites, You warrant that You:
(b) have the right to submit the content (including copyright);
(c) the content is Your own original creation; and
(d) that You unconditionally and irrevocably consent to any act or omission which might infringe any moral rights You may have in the content (as defined in the Copyright Act 1968 (Cth)).
21.8. Eye Protect may copy, reproduce, publish, display, alter, or distort Your or other user submitted content, and use it for any purpose, (including but not limited to, any future promotions or campaigns involving Eye Protect) at any time in the future, and via any media.
21.9. Eye Protect does not accept any responsibility or liability where content is downloaded from the sites, nor in relation to any matters after such download. Third parties may comment on, link to, re-post, or otherwise deal with the user submitted content once it is submitted, and Eye Protect does not accept any liability for such actions.
22. General Disclaimer
22.1. Except to the extent required by law:
(a) Eye Protect makes no representations or warranties of any kind as to the operation or availability of the Website or the information, content or materials included on the Website, and all implied representations or warranties in relation to the operation or availability of the Website or the information, content or materials included on the Website are excluded; and
(b) Eye Protect is not liable for any loss suffered by You in connection with the unavailability of the Website and/or the use of the Website or any linked website, including any indirect, consequential or special damages and any loss or revenue, loss of profits, loss of goodwill, loss of business opportunity, loss of reputation, loss of goodwill, business interruption or loss of data or information.
23.1. The Website and its contents are subject to copyright. The copyright is owned by Eye Protect, or in the case of some material, third parties.
23.2. You may view the Website and its contents using Your web browser and electronically copy and print hard copies of parts of the Website and its contents for personal, non-commercial use. Except as permitted under the Copyright Act 1968 (Cth) or similar statutes that apply in Your location, any other use (including any adaptation, reproduction, broadcast, decompiling, disassembling, downloading, copying, storage, distribution, transmission, printing, display, publication or creation of derivative works) of any part of the Website is prohibited.
24. Intellectual Property Rights
24.1. You acknowledge and agree that any intellectual property rights, including images, graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, video recordings, sound recordings and all software relating to the Website, are owned by Eye Protect, or in some cases, a related body corporate of them, or third party, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing in these Terms and Conditions gives You a right to use any of them.
24.2. Nothing contained on the Website is to be interpreted as a recommendation to use any information on the Website in a manner which infringes the intellectual property rights of any person. Eye Protect makes no representations or warranties that Your use of the information on the Website will not infringe such intellectual property rights.
24.3. You may not modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website, nor may You decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
24.4. If You correspond or otherwise communicate with Eye Protect, You automatically grant to Eye Protect an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of Your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the Website and developing Your ideas and suggestions for improved products.
25. Mode of Access
25.1. In order to use the Website, You will need internet access, devices and systems which are compatible with the Website. It is Your responsibility to ensure that You meet the relevant requirements (which may change from time to time). Eye Protect has no obligation to make the Website available on any particular device or system, whether or not such device or system can currently, or has in the past been able to, access the Website.
26. Third Party Websites
26.1. The Website may contain links to third party websites. These links are provided for convenience only and may not remain current or be maintained. The inclusion of any link does not imply Eye Protect’s endorsement of the linked website. Eye Protect is not responsible for the content or privacy practices associated with linked websites. It is Your responsibility to read and understand the terms and conditions applicable to any such websites. Eye Protect will not be liable to You, or any other person, for any loss, damage, cost, expense, liability or inconvenience incurred, paid or suffered as a result of Your use of such websites.
26.2. Eye Protect reserves the right to prevent third parties from linking to the Website.
28. Secure Data and Transmissions
28.1. Given the nature of the internet, Eye Protect cannot guarantee that any data transmission is totally secure, free from viruses, malware, fault or other conditions which could damage or interfere with Your computer systems. Eye Protect does not warrant that Your access to the Website will be uninterrupted, error free or that any defects will be corrected. Whilst Eye Protect and its third parties take precautions to protect information, Eye Protect does not warrant and cannot ensure the security of any content or information You transmit via the Website. You therefore transmit to the Website at Your own risk. If You become aware of any problems with the security of the Website, please contact Eye Protect.
28.2. You must take Your own precautions to ensure that the process which You use to access the Website or any website does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage Your own computer system. For the avoidance of doubt, neither Eye Protect nor its third parties will accept any responsibility for any interference or damage to Your own computer system which arises in connection with Your use of the Website, any website or any linked website.
28.3. Except to the extent otherwise required by law (including but not limited to, the Australian Consumer Law), Eye Protect will not be liable to You, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in this Clause 28 or arising out of or in connection with You accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
29.1. You must take Your own precautions to ensure that the process which You employ for accessing the Website does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage Your computer system or those of other parties. Except to the extent otherwise required by law, Eye Protect will not be liable to You, or any other person, for any losses, liabilities, damages, costs, charges or inconvenience incurred, paid or suffered as a result of viruses, malicious computer code or other forms of interference, or damage to Your computer system or those of any person which arise in connection with Your use of the Website.
30. User-Generated Content
30.1. Certain parts of the Website may allow You to submit materials (including links to third party content) which can be accessed and viewed by the public (User-Generated Content). By using these features, You acknowledge and agree that:
(a) You will only publish User-Generated Content that is Your original content, or where the content is adapted from existing content You have obtained all consents and licences from third parties necessary for the submission and display of Your User-Generated Content and the submission and display of Your User-Generated Content is not in breach of any third party’s rights or any applicable laws;
(b) Eye Protect has no obligation to monitor User-Generated Content but may do so and may edit, amend or remove User-Generated Content in its absolute discretion without notice to You;
(c) You will not post, link to or otherwise publish any User-Generated Content containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication;
(d) You will not post or transmit any User-Generated Content that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of the Website or any computer software or equipment;
(e) Your User-Generated Content shall not contain material that a reader may find offensive, in appropriate, abusive or indecent or otherwise unlawful and will not promote pyramid schemes or chain letters;
(f) You grant a worldwide, non-exclusive, royalty-free and perpetual licence to Eye Protect to use and display Your User-Generated Content on the Website, without any compensation or obligation to You; and
(g) Eye Protect has no responsibility for Your User-Generated Content and You agree to indemnify Eye Protect from and against any and all claims, losses, liabilities, damages, costs, charges and expenses that may be incurred by Eye Protect arising out, or in connection with, Your User-Generated Content.
32. Disclaimer and Indemnity
32.1. To the extent permitted by law, Eye Protect and any related bodies corporate exclude all liability to You or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the Website including, but not limited to, loss or damage You might suffer as a result of:
(a) errors, mistakes or inaccuracies on the Website;
(b) You acting, or failing to act, on any information contained on or referred to on the Website and/or any linked website;
(c) personal injury or property damage of any kind resulting from Your access or use of the Website or the use of Goods or Service provided by Eye Protect;
(d) any unauthorised access to or use of the Websites secure servers;
(e) any interruption or cessation of transmission to or from the Website;
(f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Website by any third party; and/or
(g) the quality or fitness for any purpose of any linked sites.
32.2. Except as expressly provided in these Terms and Conditions, and to the fullest extent allowed by the law, Eye Protect and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of Your access to or use of the Website.
32.3. You will at all times indemnify, and keep indemnified, Eye Protect its directors, officers, employees, contractors, agents and each related body corporate of Eye Protect from and against any loss (including legal costs and expenses on a full indemnity basis) or liability incurred or suffered by You or by any of them arising from any claim, demand, suit, action or proceeding by any person against You or them where such loss or liability arose out of, in connection with or in respect of Your conduct or breach of these Terms and Conditions.
32.4. This clause is not intended to exclude or limit any rights which You may have under the Competition and Consumer Act 2010 (Cth).
32.5. Eye Protect its directors, officers, employees, contractors, agents and each related body corporate of Eye Protect make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in the Website or to its availability, functionality or performance, except as otherwise provided under any applicable law.
32.6. Eye Protect its directors, officers, employees, contractors, agents and each related body corporate of Eye Protect do not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside their control), which You may directly or indirectly suffer in connection with Your use of the Website or any linked website, nor do they accept any responsibility for any such loss arising out of Your use of, or reliance on, information contained on, or accessed through, the Website. To the maximum extent permitted by law, Eye Protect its directors, officers, employees, contractors, agents and each related body corporate of Eye Protect disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of the Website or the information that it contains.
32.7. The use of the information on the Website is at Your own risk. To the extent permitted by law, Eye Protect its directors, officers, employees, contractors, agents and each related body corporate of Eye Protect exclude all liability of any of them in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on the Website or provided through the Website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, Eye Protect its directors, officers, employees, contractors, agents and each related body corporate of Eye Protect limit their liability to the re-supply of the relevant information or services.
32.8. You agree to indemnify Eye Protect its directors, officers, employees, contractors, agents and each related body corporate of Eye Protect and other persons involved in the creation of the Website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to Your use of the Website, any information that You provide via the Website or any damage that You may cause to the Website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.
33. Transfer and Assignment
33.1. If Eye Protect merges, sells or otherwise change control of its business or the Website to a third-party, Eye Protect reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Eye Protect has collected from You and any agreements it has made with You.
34.1. The failure by Eye Protect to exercise or enforce any right or provision under these Terms and Conditions will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms and Conditions will only be effective if it is in writing and signed by Eye Protect.
35. Force Majeure
35.1. Eye Protect will not be liable for any delay in performing any of its obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, storm, fire, flood, earthquake, terrorism, power failure, war, strike, failure of computer systems and/or failure of or interruption in the provision of essential services.
36.1. If any part of these Terms and Conditions are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these Terms and Conditions and the remaining terms and provisions of these Terms and Conditions will remain in force and constitute the agreement between You and Eye Protect.
37. Governing Law
37.1. These Terms and Conditions will be governed by and interpreted in accordance with the laws of Western Australia and You irrevocably submit to the non exclusive jurisdiction of the Courts of Western Australia. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
37.2. If You access the Website in a jurisdiction other than Western Australia, You are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Eye Protect makes no representations that the content of the Website complies with the laws of any State in Australia other than Western Australia or any country outside of Australia.
These Terms and Conditions were last updated 03/04/2016.