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Before ordering any goods from the Contact Lenses Direct Website, please take the time
to read our terms and conditions, which govern the use of our website and the
purchase of any goods from it.
If you have any questions or wish to clarify the meaning of any of these
terms and conditions, please contact us by email prior to ordering any goods
from this website.
Acknowledgment and acceptance of terms and conditions By accessing,
browsing or using this website, you agree to these terms, conditions and
disclaimers as amended from time to time ("Terms and Conditions") and
acknowledge that you have read and understood these Terms and Conditions. By
purchasing an item from the Contact Lenses Direct website, you expressly agree to be
bound by these Terms and Conditions.
Contact Lenses Direct may amend these Terms and Conditions from time to time. Any
amendment will be effective immediately. Your continued use of the Contact Lenses Direct website after any amendment becomes effective constitutes an agreement by
you to abide and be bound by these Terms and Conditions, as so amended.
RRP Information Any Recommend Retail Prices (RRP) mentioned by us
are typical industry prices. Please note that retail prices vary from supplier
to supplier, and we take no responsibility or liability for the accuracy of RRP
as they apply to any particular optical outlet.
Information you provide to us You agree to:
- provide certain current, complete, and accurate information
about yourself as prompted to do so by the Contact Lenses Direct website; and
- maintain and update this information as required to keep it
current, complete and accurate.
All information provided by you when placing an order is referred to in these
Terms and Conditions as "User Information". When you provide any User
Information you are representing and warranting that all of the information
provided is true and correct and are agreeing to indemnify and keep indemnified
at all times Contact Lenses Direct for any losses, costs, expenses or damages that
Contact Lenses Direct may suffer if any of this information is not correct.
You should review the Contact Lenses Direct Privacy Statement for further
information concerning the collection and usage of User Information. You grant
to Contact Lenses Direct the right to disclose those aspects of your User Information
as expressed in the Contact Lenses Direct Privacy Statement.
You must not transmit or attempt to transmit any material of any kind to the
Contact Lenses Direct website which contains a virus, malicious computer code or other
harmful component or otherwise attempt to alter any of the content on the
Contact Lenses Direct website.
If any User Information provided by you is incomplete or inaccurate or you
attempt to transmit any material of any kind to the Contact Lenses Direct website
which contains a virus, malicious computer code or another harmful component or
you otherwise attempt to alter any of the content of the Contact Lenses Direct
website, or you are otherwise in breach of these Terms and Conditions, Contact Lenses Direct retains the right to terminate your rights to purchase products or
services from the Contact Lenses Direct website and to prosecute you to the full
extent of the law.
You acknowledge and consent to the disclosure by Contact Lenses Direct to any law
enforcement agency in any jurisdiction that is investigating any breach or
suspected breach of any law in any jurisdiction of your identity or other
information provided by you to the Contact Lenses Direct website, upon being requested
to do so by that law enforcement agency.
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General The products and services offered for sale by Contact Lenses Direct are only available to individuals who can enter into legally binding
contracts. The products and services are not available to persons under the age
of 18 years and any other persons who are legally prohibited from entering into
binding contracts.
Any party engaging in illegal activities involving the use of the Contact Lenses Direct website will be subject to civil and criminal prosecution.
Contact Lenses Direct cannot guarantee that it will notice or be able to prevent any illegal or
inappropriate use of the Contact Lenses Direct website, nor can Contact Lenses Direct
guarantee that it will give notice of any illegal or inappropriate use of the
Contact Lenses Direct website.
Ordering goods Any order placed by you in the manner described in
the Contact Lenses Direct website is an offer by you to purchase a particular product
or service for the price (including any delivery and other charges) specified in
the Contact Lenses Direct website at the time you place your order.
Contact Lenses Direct reserves the right to accept or reject your offer for any
reason, including, without limitation, the unavailability of any product, an
error in the price or the product description posted on the Contact Lenses Direct
website, or an error in your order. There may be reasons why Contact Lenses Direct
cannot fulfil your order. Therefore, your contract with Contact Lenses Direct only
comes into existence when Contact Lenses Direct advises you that it has accepted your
order and receipt of your payment has been confirmed.
Prices of products and services and delivery and other charges displayed on
the Contact Lenses Direct website are current at the time of issue, but may change at
any time and are subject to availability. The availability of products and
services may change from time to time.
Contact Lenses Direct will retain title to the products you order until you have
made payment in full for those products, but all risk in the products will pass
to you on dispatch from Contact Lenses Direct distribution centre.
You are responsible for any taxes, duties or other liabilities imposed by any
governmental agency, including without limitation, any customs duty, goods and
services taxes or any value added tax imposed on any products or services
acquired or ordered by you from the Contact Lenses Direct website.
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Delivery You should review the Contact Lenses Direct delivery information
contained on the Contact Lenses Direct website for information concerning delivery.
The delivery times given on the Contact Lenses Direct website are indicative only.
Contact Lenses Direct will not be liable for any failure to observe these delivery
times. You understand and agree that you shall not be entitled to withdraw or
modify any commitment made for the purchase of products from the Contact Lenses Direct
website once that commitment has been made for any reason, including without
limitation, due to any delay in delivery.
Returns You should review the Contact Lenses Direct returns policy
contained on the Contact Lenses Direct website for information concerning returns. You
agree to be bound by the terms of the returns policy and Contact Lenses Direct 's
liability is limited as expressed in that policy and these Terms and
Conditions.
Termination Your ability to purchase products and services from
this the website may be terminated at any time by Contact Lenses Direct without
notice. All restrictions, licenses granted by you and all disclaimers and
limitations of liability by Contact Lenses Direct will survive termination.
Should you object to any of these Terms and Conditions (including any
subsequent amendments), you must immediately discontinue use of the Contact Lenses Direct website.
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Security Under accepted codes of conduct operating within the
banking industry, your bank cannot hold you liable for more than $50.00 of
fraudulent charges, unless your actions have contributed to the unauthorised use
of your credit card. In the event of unauthorised use of your credit card, you
must notify your credit card provider in accordance with its reporting rules and
procedures.
Links to other Web Sites This site contains links to other websites
maintained by other companies and organisations. Contact Lenses Direct does not make
any representation as to the accuracy of any information contained on those
websites and will not accept any responsibility for the accuracy, ownership or
any other aspect of the information contained on those websites.
The Contact Lenses Direct website also contains referral buttons that contain
embedded hyperlinks to websites operated by third parties. The third party is
solely responsible to you for any representations or offers made by it and for
the delivery of any goods or services you agree to purchase from any third party
website.
Copyright Unless otherwise indicated, copyright in the information
on the Contact Lenses Direct website is owned by Contact Lenses Direct. All rights reserved.
This site or any portion of this site may not be reproduced, duplicated, copied,
sold, re-sold or otherwise exploited for any commercial purpose that is not
expressly permitted by Contact Lenses Direct. You may download a single copy of the
information on the Contact Lenses Direct website and, where necessary for its use as a
reference, keep a temporary copy in your computer's cache and make a single hard
copy of that information.
Except as permitted under the Copyright Act 1968 (Cth) or other applicable
laws, no part of the information contained on the Contact Lenses Direct website may be
otherwise reproduced, adapted, performed in public or transmitted in any form by
any process (graphic, electronic or mechanical, including further copying,
recording, taping or by a storage and information retrieval system) without the
specific prior written consent of Contact Lenses Direct.
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Review and comments Contact Lenses Direct enables visitors to its website
to make reviews of and comments on the products and services featured on the
Contact Lenses Direct website. By offering such reviews or comments on the Contact Lenses Direct website, you grant to Contact Lenses Direct, its related bodies corporate, its
directors, officers and employees a non-exclusive, royalty free, perpetual,
irrevocable and fully sub-license-able right to use, reproduce, adapt, publish,
translate, create derivative works from, distribute and display such reviews and
comments throughout the world in any media.
You expressly waive in favour of Contact Lenses Direct and any other person
authorised by Contact Lenses Direct all moral and similar rights in any jurisdiction
that you have or acquire in respect of such reviews and comments. You also grant
to Contact Lenses Direct and its related bodies corporate, directors, officers,
employees and sub-licensees the right to use and publish your name, which you
will be required to submit with any review or comment, in connection with that
review or comment. You agree not to post any review or comment that contains any
unlawful, criminal, threatening, abusive, defamatory, obscene, vulgar,
pornographic, profane or indecent information or material of any kind or which
violates or infringes upon the rights of any person. If you do, you agree to
indemnify Contact Lenses Direct for any losses, costs, expenses or damages that
Contact Lenses Direct may suffer as a result.
Virus warning Contact Lenses Direct does not represent that any
information (including any file) obtained from or through Contact Lenses Direct is
free from computer viruses or other faults or defects. It is your responsibility
to scan any such information for computer viruses.
Contact Lenses Direct will not be liable to you or to any other person for any loss
or damage (whether direct, indirect, consequential or economic), however caused
and whether by negligence or otherwise, which may result directly or indirectly
from any such information. To the extent that any applicable law that cannot be
excluded imposes any liability on Contact Lenses Direct, that liability shall be
limited to the cost of re-supplying that information.
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Release and indemnity You hereby waive, release, forgive, discharge
and relinquish any and all claims that you now have or may have against Contact Lenses Direct, its related bodies corporate, directors, employees, agents and
representatives which are connected with, arise out of, relate to or are
incidental to any transaction.
You hereby agree to indemnify, defend and hold Contact Lenses Direct, its related
bodies corporate, directors, employees, agents and representatives harmless from
and against any and all claims, loss, damage, tax, liability and/or expense that
may be incurred by Contact Lenses Direct, its related bodies corporate, directors,
employees, agents and representatives arising out of or in connection with the
performance of its duties as described in these Terms and Conditions including
the legal costs, fees and expenses of defending itself against any claim by any
or all of the parties to any transaction and/or by any other person and/or as a
result of you taking any action or refraining from taking any action or
instituting or defending any action or legal proceeding.
You further agree to indemnify and hold Contact Lenses Direct, its related bodies
corporate, directors, employees, agents and representatives harmless from any
claim or demand, including reasonable legal fees, made by any third party due to
or arising out of your use of the Contact Lenses Direct website, the violation of
these Terms and Conditions by you, or the infringement by you, of any
intellectual property or other right of any person or entity.
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Applicable law These Terms and Conditions shall be governed by and
construed in accordance with the laws of the state of Queensland, Australia. You
and Contact Lenses Direct agree to submit to the exclusive jurisdiction of the courts
of the state of Queensland. If any provision(s) of these Terms and Conditions is
held by a court of competent jurisdiction to be contrary to law, then such
provision(s) shall be construed, as nearly as possible, to reflect the
intentions of the parties with the other provisions remaining in full force and
effect.
Contact Lenses Direct's failure to exercise or enforce any rights or provisions of
these Terms and Conditions shall not constitute a waiver of such right or
provision unless acknowledged and agreed to by Contact Lenses Direct in writing.
Limitation of liability Contact Lenses Direct will in no way be liable
for any direct, indirect, incidental, special or consequential damages,
resulting from your use or your inability to use the Contact Lenses Direct website or
for the cost of procurement of substitute products or services or resulting from
any products or services purchased or obtained or messages received or
transactions entered into through the Contact Lenses Direct website or resulting from
unauthorised access to or alteration of your transmissions or data or of any
information contained on the Contact Lenses Direct website, including but not limited
to, damages for loss of profits, use, data or other intangible, even if Contact Lenses Direct has been advised of the possibility of such damages.
Where any Act of Parliament implies in these Terms and Conditions any term,
condition or warranty, and that Act avoids or prohibits provisions in a contract
excluding or modifying the application of or exercise of, or liability under
such term, condition or warranty, such term, condition or warranty shall be
deemed to be included in these Terms and Conditions, however, the liability of
Contact Lenses Direct for any breach of such term, condition or warranty shall be
limited, at the option of Contact Lenses Direct, to any one or more of the
following:
- if the breach relates to goods:
- the replacement of the goods or supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of
acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
- if the breach relates to services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied
again.
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Disclaimer The information contained on the Contact Lenses Direct website
is provided by Contact Lenses Direct in good faith on an "as is" basis. The
information is believed to be accurate and current at the date the information
was placed on the Contact Lenses Direct website.
None of Contact Lenses Direct, its related bodies corporate, any of their
directors, officers or employees makes any representation or warranty as to the
reliability, accuracy or completeness of the information contained on the
Contact Lenses Direct website (including in relation to any products or services) and
none of them accept any responsibility arising in any way (including negligence)
for errors in, or omissions from, the information contained on the Contact Lenses Direct website.
To the fullest extent permitted by applicable law, Contact Lenses Direct disclaims
all representations and warranties, express or implied, including but not
limited to, implied warranties of merchantability and fitness for a particular
purpose and non-infringement. Contact Lenses Direct makes no warranty that the website
or any products or services advertised on the website will meet your
requirements, or that the website will be uninterrupted, timely, secure or error
free.
You expressly acknowledge and agree that Contact Lenses Direct does not control
other users of the Contact Lenses Direct website or the suppliers of goods and
services purchased from the Contact Lenses Direct website and Contact Lenses Direct is
therefore not liable for their opinions or their behaviour, including any
information or advice provided by them or any defamatory statements made by them
or any offensive conduct on their part.
No advice or information, whether oral or written, obtained by you from or
through the Contact Lenses Direct website creates any warranty not expressly made in
these Terms and Conditions.
Information on the Contact Lenses Direct website relating to products and services
has been prepared in accordance with Australian law for the supply of goods and
services in Australia only. This information may not satisfy the laws of any
other country. To the extent that it does not satisfy the laws of the country in
which you reside or from which you are accessing the Contact Lenses Direct website, it
is not directed at you and cannot be relied upon by you and you are unable to
order any goods from the Contact Lenses Direct website. If you do, you agree to
indemnify Contact Lenses Direct for any losses, costs, expenses or damages Contact Lenses Direct may suffer as a consequence.
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