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Terms & Conditions
Terms and Conditions of Use
Thank you for visiting OnlineOptical.com.au. Online Optical is a leading online retail store and information site for contact lenses and related products. The Site is designed to provide a convenient, private and informative shopping experience for consumers to purchase contact lenses and related products 24 hours a day, 7 days a week. The Online Optical online store offers a large selection of contact lenses and related products. Online Optical want each visitor to our Site ("you") to have a safe, pleasurable visit, so we have established the following terms and conditions so that we (we and you) know what to expect from each other.
By using the Site you agree to be bound by the terms set forth herein. We may make changes to the Site, these Terms and Conditions of Use, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and these terms periodically for any updates or changes. Your continued access or use of the Site shall be deemed to be your acceptance of these changes and of the reasonableness of these standards for notice of changes.
Valid Prescription Required
You hereby certify that you have a valid prescription for the contact lenses that you are ordering. You represent and warrant to Online Optical, by placing an order that your information you enter into the Site is valid and true and matches exactly your prescription as provided by your Eyecare provider.
You further certify that you will renew your prescription in strict accordance with your Eyecare provider's suggested regime. You hereby consent to our contacting your Eyecare provider, if necessary, to verify your prescription information and any other necessary information.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Onlineoptical.com.au, and other graphics, logos, and service names used on the Site by Online Optical are the trademarks of Online Optical.
All other brands and names (including third-party product names) are the property of their respective owners.
Disclaimer of Warranty
The content (as defined below) contained in this site is provided by online optical as a service to its customers. This site does not contain information about eye diseases, nor does this site contain all medical information that may be relevant to your Eyecare needs. The information provided in this site is only general information.
This site does not provide medical diagnosis for any individual and must not be used as a substitute for professional medical advice, diagnosis, treatment or care. All specific medical questions you may have about your specific medical condition, treatment, care, or diagnosis must be presented to your professional Eyecare provider. You should never disregard medical advice or delay seeking professional advice because of any information contained in or related to this site. except as expressly and unambiguously stated otherwise, Online Optical does not endorse, operate, control, or assume responsibility for any product, brand, method, treatment, information or service on this site. The information, services, and products contained in this site are provided "as is" without warranty of any kind, express or implied.
This site includes content provided by third parties and users. For such content, Online Optical is a distributor and not a publisher. Online Optical has no more editorial control over such content than does a public library or newsstand.
Limitation on Liability
Under no circumstances shall we or any other party involved in creating, producing, or distributing the site be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the site, (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the site; or (v) any other matter relating to the service. you hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the site. because some states and provinces do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states and provinces liability is limited to the fullest extent permitted by law.
Your account obligations
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the "Account Information") and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site.
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site unless you first obtain our express written consent to do so. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the Australian copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. You may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.
Color and product description
We have made every effort to display as accurately as possible the colours of our products that appear at the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.
Damaged Goods/Incorrect Prescription Received
We will issue a full refund or replacement of goods in all instances where prescription contact lenses or related products are supplied to the wrong specification as per your Order; in instances where contact lenses or related products are supplied damaged; and/or in instances in which the products you have ordered are marked undeliverable and returned to us via the postal service.
If you wish to return your product, we recommend that you contact our Online Support via email or Phone number to request a return via an appropriate receiving facility. A credit or replacement will be issued to you following the receipt of this product at said receiving facility within 30 days of the return request.
RETURN TO SENDER/UNDELIVERABLE ORDERS/ORDER NOT RECEIVED
If your order is marked undeliverable and returned to us, you will be notified by e-mail to confirm your delivery address and to schedule a re-delivery and/or pick-up request. There will be no additional shipping charges made to your account either through us, or via Australia post, as a result of this return to sender. If you do not receive your order within the expected delivery window, we recommend first contacting our Online Customer support email who may be able to provide further information about the status of your delivery. We reserve the right to refuse future orders from anyone who has made unsubstantiated claims for non-delivery of goods.
We may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site.
We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us.
Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.
We are pleased to hear from our customers and welcome your comments regarding our products, including the site. We request that you be specific in your comments on our services and products. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, "submissions"), the submissions shall be deemed, and shall remain, our property. None of the submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any submissions. without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions, including the right to publish on the site or elsewhere and to use the submission, including any suggestions, ideas, etc. contained herein.
These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms and Conditions of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
We take the security of your information very seriously. Our e commerce system uses the latest SSL (Secure Sockets Layer) technology - the industry standard for encryption technology. It is used to create a secure transaction environment for commerce on the Internet. If your browser and local network support the use of encrypted data transmissions, our Secure Checkout mode locks all information (i.e.: your credit card number) passed from you to Online Optical in an encrypted envelope, making it extremely difficult to be intercepted by an unauthorized party. SSL technology is compatible with Chrome, Internet Explorer and most other browsers. This ensures that your credit card information remains totally secure. It's about as secure as using your local bank machine.
We follow generally accepted industry
standards to protect the personally identifiable information submitted to us,
both during transmission and once we receive it. No method of transmission over
the Internet, or method of electronic storage, is 100% secure, however.
Therefore, while we strive to use commercially acceptable means to protect your
personal information, we cannot guarantee its absolute security.
If you have any questions about security on our Web site, you can email us at firstname.lastname@example.org
These Terms and Conditions of Use constitute the entire agreement between us (you and us) and govern the use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms and Conditions of Use must be filed within one year after such claim or cause of action arose or be forever barred.
The section titles in the Terms and Conditions of Use are for convenience only and have no legal or contractual effect.
COPYRIGHT NOTICE. Copyright © Online Optical. All rights reserved. Any rights not expressly granted herein are hereby reserved.