Please note that all references to Specsavers includes Specsavers New Zealand Limited, its subsidiaries, its holding companies or subsidiaries of such holding companies. All references to specsavers.co.nz 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 New Zealand Limited 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 Content means all of the materials displayed on this website, including (without limitation) all information, text, graphics, names, logos, trademarks, design, software and advertisements.
1.2 Terms and conditions are binding – Your use of the Specsavers website signifies you agree to be bound by, and abide by, these Terms. Your use is also subject to .
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, complete and current. However, the Website Content may include errors, omissions or defects, and changes or events may occur which cause the information to be inaccurate or out of date.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 takes no responsibility for an error, omission or defect contained in the Website Content. In the unlikely event that an unauthorized person makes changes to this website, Specsavers does not accept responsibility for those changes.
2.2 The Website Content is intended for New Zealand residents.
2.3 You are solely responsible for the actions you take in reliance on the content on this website. If you want to rely on any material on this website you should contact Specsavers first.
3 Intellectual property
3.1 Trademarks - All brand names, product and service names, and titles used on specsavers.co.nz 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 and unless otherwise stated. In the absence of any particular notices, permission is granted to users to download and print one copy of this site, and make one copy of copyrighted content, exclusively for their own personal, non-commercial use provided that any notices contained in the material are maintained and complied with. 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, adaptation, distribution or reproduction of any part of this website (including, without limitation, reproduction on any other website or systemic downloading of Website Content) is prohibited without prior written consent from Specsavers. If the owner of any material published on this website is not Specsavers then your rights in relation to that material will be as defined by the copyright owner of that material.
4 Rules for use of content
4.1 You may not in any way commercially exploit any material obtained from specsavers.co.nz 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.co.nz.
5 No warranty
5.1 This website is provided "as is" and Specsavers excludes all warranties of any kind, including implied conditions and warranties, to the fullest extent permissible by law.
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.co.nz, 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 al 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. Specsavers recommends that prior to using any downloaded file; you carry out an appropriate virus check.
8 Product or service information
8.1 From time to time Specsavers may offer a newsletter, or product or service information updates.
9 Disclaimers and limitation of liability
9.1 You agree that this website is provided free of charge. To the fullest extent permissible by law, Specsavers shall not be liable to you (or any of your officers, agents or employees) or any person, in contract, tort (including negligence), equity or otherwise for any loss or damage of any kind which may arise from, or in connection with, the use of specsavers.co.nz, or the use of, or reliance upon, any information, services or materials (including Website Content) contained within this website or provided by this website, including any direct, indirect, incidental, consequential, special or punitive loss, and including, but not limited to (whether a direct or indirect loss) any, loss of opportunity, lost revenue, loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill, loss due to delay, any cost, loss, liability or expense arising from death, personal injury or property damage and losses resulting from security failure, disclosure of confidential information by other parties, or the transmission of a computer virus.
9.2 Specsavers may from time to time, publish links to other third party websites on this website. Content, 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.co.nz and which are not maintained and controlled by Specsavers. Specsavers does not endorse any material on those websites and does not provide any warranty, or assume any responsibility regarding the content, validity, 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. You should check the terms and conditions applicable to any other websites you use or verify such information with the relevant party directly.
9.3 specsavers.com is the generic URL for the country specific Specsavers websites.
9.4 specsavers.co.nz is intended for use within New Zealand only unless otherwise specified. Specsavers makes no representation that any product or service referred to on specsavers.co.nz is appropriate for use, or available, outside of New Zealand. Those who choose to access this site outside of New Zealand 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 Terms from time to time without giving you prior notice.
9.7 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.
10 Governing Law
10.1 This website, the information on it and these Terms shall be governed by and construed in accordance with the laws of New Zealand. Any dispute under these Terms or otherwise concerning this website shall be subject to the exclusive jurisdiction of the courts of New Zealand, 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.
11 Pricing and Promotions
11.1 All prices and promotions are valid for stores in Specsavers New Zealand only.
Company Name: Specsavers New Zealand Limited
Company Number: 2116682
Place of registration: New Zealand
Registered office address: C/o Minter Ellison Rudd Watts, Level 17, 125 The Terrace, Wellington 6011, New Zealand
Copyright © 2008 Specsavers New Zealand Limited. All rights reserved.