TERMS AND CONDITIONS THAT AFFECT YOU BY USING THIS WEBSITE
Please note that all references to Specsavers includes Specsavers Pty Ltd, its subsidiaries, its holding companies or subsidiaries of such holding companies. All references to specsavers.com within these terms and conditions also includes all Specsavers websites.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE
1 About these terms and conditions of use
1.1 In these Terms and Conditions of use (Terms):
- We, our or us and Specsavers means Specsavers Pty Ltd (ABN 82 097 147 932) and includes its directors, employees and agents;
- You or your means the person or customers who, by using this website, accepts these Terms; and
- Website Materials means all of the materials displayed on this website, including (without limitation) all information, text, graphics, names, logos, trademarks, design, software and advertisements.
2 No warranty or responsibility for Website Content
2.1 Specsavers has used its best endeavours to ensure that the Website Content (which may include information obtained from Specsavers’ licensors and other third parties) is correct and current. However, the Website content may include errors and changes or events may occur which cause the information to be inaccurate or out of date. Accordingly, to the maximum extent permitted by law, Specsavers does not warrant the reliability, accuracy, currency or completeness of the Website Content and take no responsibility for an error, omission or defect contained in the Website Content.
2.2 The Website Content is intended for Australian residents.
3 Intellectual property
3.1 Trademarks - All brand names, product and service names, and titles used on specsavers.com are trademarks, trade names, and/or service marks of or licensed to Specsavers or the Specsavers Group. No permission is given by Specsavers for their use by any person other than the holders and as such, any use may constitute an infringement of the holder's rights which may lead to legal action. All other trademarks are the property of their respective owners.
3.2 Copyrights - All content, designs, text, graphics, software compilations, underlying source codes, and other arrangements on this site are the copyright of Specsavers or its content providers where applicable. Permission is granted to users to download and print one copy of this site for their own personal, non-commercial use. Any special rules for the use of certain materials accessible on Specsavers’ website may be included elsewhere within Specsavers’ website, and are deemed to form part of these Terms. All other use, copying or reproduction of any part of this website (including, without limitation, reproduction on any other website of systemic downloading of Website Content) is prohibited without prior written consent from Specsavers.
4 Rules for use of content
4.1 You may not in any way commercially exploit any material obtained from specsavers.com and must abide by any trademark, copyright and other proprietary restrictions and licences whether displayed or otherwise in the particular material or relevant area on specsavers.com. In the absence of any particular notices, a user may make one copy of copyrighted content exclusively for personal use and provided that any notices contained in the material are maintained and complied with.
5 No warranty
5.1 This website is provided "as is" and Specsavers excludes all warranties of any kind to the fullest extent permissible by law. Specsavers does not guarantee the accuracy or completeness of the website or any information or Website Content or that it is free of defects or viruses.
5.2 Except to the extent that liability may not lawfully be excluded, Specsavers will be not under any liability to you (or any of your officers, agents or employees) for:
5.2.1 any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or any direct or indirect loss or damage (including, without limitation, consequential loss or damage) however caused (including, without limitation, due to breach of contract, negligence or breach of statute) which may be suffered or incurred by you or which may arise from or in connection with your use of this website or your use of
or reliance upon any of the information, services or materials contained in the website or provided by the website to you; or
5.2.2 any cost, loss, liability or expense arising from death, personal injury or property damage resulting directly or indirectly from your use of the website.
5.3 Any failure by Specsavers to exercise or enforce any one or more of its rights under these Terms will not constitute a waiver of such rights unless such waiver is granted to you in writing.
6.1 You agree to indemnify Specsavers from any proceedings brought against Specsavers to the extent that such proceedings arise in connection with your use of specsavers.com, any breach by you of these terms and conditions of use or a claim that your use of this website infringes any intellectual property rights of any third party or is defamatory.
6.2 You must indemnify Specsavers and hold Specsavers harmless against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any claim by a third party arising directly or indirectly out of or in connection with:
6.2.1 any breach by you of these Terms; or
6.2.2 any suit, claim or demand brought or made against Specsavers by or due to the conduct, act or omission of:
18.104.22.168 you; or
22.214.171.124 any person accessing any content through your account.
7 Website operation
7.1 Specsavers does not warrant that any of the functions contained in the website or your access to the website will be uninterrupted or error free, or that any outage notifications will be made in a timely manner, or at all.
7.2 It may be necessary to interrupt the services provided on Specsavers’ website in order to upgrade or maintain them, or for other circumstances beyond Specsavers’ control. Should Specsavers need to interrupt the availability of services on the Specsavers website, Specsavers will use its reasonable endeavours to minimise any interruption to the services.
7.3 Specsavers does not represent or warrant that this website, the Website Content or any other material accessible from this website is free from computer viruses (including macro viruses) or any other defect or error which may affect your software or systems. You should protect your
software and systems by installing and implementing your own security and system checks.
8 Product or service information
8.1 From time to time Specsavers may offer a newsletter, or product or service information updates.
8.2 By accepting these Terms, you consent to Specsavers using your email address to send you Specsavers newsletters or product or service information updates (as applicable). Specsavers may also use your email address to send updates to you from time to time about changes to Specsavers’ products and services.
9 Disclaimers and limitation of liability
9.1 You agree that this website is provided free of charge. Specsavers shall not be liable to you or any person for any loss or damage of any kind which may arise from the use of specsavers.com and the use of any information contained within it.
9.2 Specsavers may from time to time, publish links to other third party websites on this website. Contents, hyperlinks or information held on other sites is not the responsibility of Specsavers. Specsavers shall not be held liable for any information held on websites which may have links to or from specsavers.com and which are not maintained and controlled by Specsavers. Specsavers does not endorse any material on those websites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of material on those websites, nor does Specsavers warrant that material on other websites does not infringe the intellectual property rights of any other person.
9.3 specsavers.com is the generic URL for the country specific Specsavers websites.
9.4 specsavers.com.au is intended for use within Australia only unless otherwise specified. Specsavers make no representation that any product or service referred to on specsavers.com is appropriate for use, or available, outside of Australia. Those who choose to access this site outside of Australia are responsible for compliance with local laws to the extent that local laws are applicable.
9.5 Specsavers’ international websites are intended for use within the relevant country only unless otherwise specified.
9.6 By using this website, you consent to the terms and conditions and disclaimers, as defined by Specsavers. Specsavers reserves the right to change these conditions from time to time without giving you prior notice.
9.7 Specsavers excludes all implied conditions and warranties with respect to this website, and its content, except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this clause to be void.
9.8 Specsavers excludes its liability for any consequential loss resulting from use of this website, including but not limited to loss of opportunity, lost revenue, lost profits, loss of data, and losses resulting from security failure, disclosure of confidential information by other parties, or the transmission of a computer virus. Specsavers recommend that prior to using any downloaded file; you carry out an appropriate virus check.
9.9 Specsavers’ aggregate liability to you for any other losses resulting from use of this website is limited to the nominal amount of $1.
10 Governing Law
10.1 These terms shall be governed by and construed in accordance with the laws of Victoria, Australia. Any dispute under these terms shall be subject to the exclusive jurisdiction of the courts of Victoria, and you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
Company Name: Specsavers Pty Ltd
Australian Business Number: 82 097 147 932
Place of registration: Australia
Registered office address: Unit 6, 8-10 East Crescent Street, McMahons Point, NSW 2060, Australia
Copyright © 2007 Specsavers Pty Ltd, Melbourne Australia. All rights reserved.