Terms and Conditions of Use of Website
Information About Us
The Website is operated by Specsavers Pty Ltd (“Specsavers”) with its registered office at 520 Graham Street, Port Melbourne, VIC.
1. General provisions
The material contained on the Website is presented for information purposes only and should not be used as a basis for diagnosis or choice of treatment. The material is in no way intended to replace professional medical care or attention by a qualified practitioner.
Specsavers strongly advises all users with vision or hearing problems to consult an Optometrist or Audiologist, who will be trained in observation and interpretation of symptoms and will be able to provide a proper diagnosis based on a knowledge and understanding of all aspects of your condition and your medical history.
No advice or information, whether oral or written, obtained by you from Specsavers or through or from the Website shall create any warranty or other obligation not expressly stated in the Terms.
3. Reliance on information displayed
Whilst we endeavour to ensure that the information contained on the Website is current, accurate and up-to-date at the date of publication, we make no guarantees, conditions, representations or warranties (all of which include express or implied) as to the reliability, accuracy or completeness of such information. To the maximum extent permitted by law, we exclude liability for any direct, indirect or consequential loss or damage arising from the use of or any action taken in reliance on any information appearing on the Website. This does not affect our liability for death or personal injury arising from our negligence, fraud or misrepresentation.
4. Buying goods through our Website
Your purchase of goods on our Website is governed by our Terms and Conditions of Purchase available at Purchase Terms and Conditions | Specsavers Australia. Prices and promotions are valid for the Website and Specsavers stores within Australia only unless otherwise indicated.
5. Intellectual Property Rights Policy
We are the owner or licensee of all intellectual property rights in our Website and in the material published on it. Those works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved.
Use of the Website does not constitute a licence to use in any way, any of the registered or unregistered Trademarks owned by, or licensed to, Specsavers Pty Ltd or its associated entities as defined in the Corporations Act 2001 (“Group”) and any of the brands advertised on the Website. You must not infringe any of the intellectual property rights associated with the manufacture, design, branding and packaging of any products advertised on the Website without a licence from us or our licensors in writing.
You are permitted to download and print extracts from the Website for your own personal, non-commercial, use. Any other use of the Website including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the Website without prior written consent from Specsavers is strictly prohibited.
You may not create and/or publish your own database that features substantial parts of the Website without the prior written permission of Specsavers.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, corrupted data or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
7. Linking to our Website
You may link to our home page, provided you do so in a way which is fair and legal and does not damage our reputation or take advantage of it. Such linking must comply with our Intellectual Property Policy set out above in Clause 4. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link where your website contains content that is distasteful, offensive or controversial, infringes the intellectual property rights or other rights of any person or otherwise does not comply with all applicable laws and regulations.
You must not establish a link from any website that is not owned by you.
Our Website must not be framed on any other website.
You may not create a link to any part of our Website except for the home page.
We reserve the right to withdraw linking permission, for any reason and at any time, without notice to you.
8. Links from our Website
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. The existence of a link to another website does not imply or express endorsement of its provider, product or services by us. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them or your reliance on content contained in them.
9 Disclaimers and limitation of liability
You agree that the Website, including the content, is provided free of charge. Specsavers will not be liable to you or any person for any loss or damage of any kind which may arise from the unauthorised use of the Website and the use of any information contained within it.
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. Specsavers excludes its liability for any indirect or consequential loss resulting from your use of this Website, a security failure or the transmission of a computer virus. 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. Specsavers does not limit or restrict its liability for fraudulent misrepresentation or death or personal injury should it arise from the negligence of it, its directors, employees, affiliates, or other representatives or for any liability that cannot by law be excluded.
Specsavers will use its reasonable endeavours to ensure that the Website is fully operational. Due to the nature of the Internet, Specsavers cannot guarantee that the Website will be free from delays, interruptions or errors.
It may be necessary to interrupt the services provided on the 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 Website, Specsavers will use its reasonable endeavours to minimise any interruption to the services.
10. Changes to the Website
Specsavers may update these Terms from time to time by publishing the amended Terms on the Website. The Terms in place at the time of your visit govern your use of the Website. You should check the Website from time to time to review the then current Terms.
11. General information
These Terms (including the policies and rules referred to herein) constitute the entire agreement between you and Specsavers and govern your use of the Website, superseding any prior agreements between you and Specsavers. The Terms and the relationship between you and Specsavers shall be governed by the laws of Australia. You and Specsavers agree to submit to the exclusive jurisdiction of the Australian courts. Any failure by Specsavers to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 remain in full force and effect.