Conditions of Use
Acceptance of Terms
This agreement will be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
Accuracy of Information
All material on the Optique Line website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the Optique Line website is at your sole risk. Access to the Optique Line website is provided on an 'as available' basis. Neither Optique Line, its related bodies corporate nor their directors or employees make any representation or warranty that (i) any material on the Optique Line website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors or omissions from that material); (ii) your access to the Optique Line website will be uninterrupted, timely or secure. Optique Line will not be liable for loss resulting from any action or decision by you in reliance on the information on the Optique Line website or any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties or malfunction in equipment or software.
Optique Line and its affiliates attempt to be as accurate as possible. However, Optique Line does not warrant that product descriptions are accurate, complete, reliable, current or error-free. If a product offered by Optique Line itself is not as described, your sole remedy is to return it in unused condition.
Limitation of Liability
The Trade Practices Act and similar state and territory Legislation in Australia may confer rights and remedies on you in relation to the provision by Optique Line of goods or services on the web site which cannot be excluded, restricted or modified ("Non-excludable Rights"). Optique Line does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) Optique Line and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) Optique Line does not warrant that the functions contained in any Content or any Communications Facility or your access to the web site will be uninterrupted or error-free, that any defects will be corrected or that the web site or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) Optique Line does not warrant or make any representation regarding your access to, or the results of your access to, the web site (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not Optique Line) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission on the part of Optique Line) will Optique Line or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the web site or any Content. You expressly acknowledge and agree that Optique Line does not exert control over users of the web site (including individuals referred to on the web site as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, Optique Line's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Optique Line to the following:
in the case of services supplied or offered by Optique Line, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by Optique Line, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.
These conditions and all other specific and additional terms which govern your use of and access to the Optique Line website will be governed by and construed in accordance with the laws of the state of Victoria, Australia.
The material provided on the Optique Line website is copyright protected. You may use this material for your own personal reference only. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of Optique Line or the appropriate supplier or licensor of Optique Line.
You may not use any part of the material on the Optique Line website to establish, maintain, provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
All software used on this web site is the property of Optique Line or its software suppliers and is protected by Australian and international copyright laws.
The Optique Line logo and the logos of the Optique Line brands are copyright, trademarks or registered trademarks of Optique Line and its related companies. Other trademarks may be displayed on the Optique Line website. These may belong to third parties. Nothing displayed on the Optique Line website should be construed as granting any licence or right of use of any logo or trademark displayed on a web site, without the express written permission of the relevant owner.
Your Account, Membership and/or Registration
In consideration of your use of the web site you agree to:
- Provide true, accurate, current and complete information about yourself as prompted by the web site’s contact form.
In particular when completing the contact form, you must provide your real name and email address. If you provide any information that is untrue, inaccurate, not current or incomplete, or Optique Line has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete Optique Line has the right to suspend or terminate your account and refuse any and all current or future use of the web site (or any portion thereof).
Electronic Communications and Your Conduct
When you visit the Optique Line website or send an email to us you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this web site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
The Optique Line website may contain electronic bulletin boards, chat rooms and other communication facilities which provide feedback by users to Optique Line, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("Communication Facilities"). It is a condition of your use of any Communication Facility and your access to the Optique Line website that you do not do any of the following:
- Restrict or inhibit any other user from using or enjoying any Communication Facility;
- Post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
- Post or transmit any material of any kind which violates or infringes upon the rights of any other person including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
- Post or transmit any material of any kind which contains a virus or other harmful component;
- Post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
- Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
- Download any file posted by any other user of a Communication Facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
Optique Line reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
User Licence To The Optique Line Website
By placing any information or other material on the web site (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to Optique Line a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:
- To use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
- To sublicense any third parties the unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Optique Line and any other party authorised by Optique Line all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Optique Line, you will execute and deliver to Optique Line such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
At Optique Line we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting our web site or interacting with us.
Optique Line will never ask you to provide personal information like your bank details, credit card details, your address, driving licence or passport numbers via email.
Please REPORT any suspicious activity to us immediately.
Unless stated to be otherwise, charges referred to for use of any services or purchase of any product provided by Optique Line are GST inclusive. Optique Line will issue a Tax Invoice for all purchases. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (the "Act"). Tax invoice means tax invoice as defined by the Act.
Third party links and advertising
Hyperlinks and pointers to web sites operated by third parties may appear on the Optique Line website from time to time. These web sites do not form part of Optique Line and are not under the control of Optique Line or its related bodies corporate and neither Optique Line nor its related companies have any responsibility for the content of any such hyperlink or linked web site. If you enter a link to any such web sites you leave Optique Line and do so entirely at your own risk.
The Optique Line website may display third party advertisements, which may or may not contain hyperlinks or referral buttons to web sites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Optique Line or its related companies of the relevant advertiser, its products or services or any such linked web site.
If you contact a third party using functionality provided on the Optique Line website, including via email, Optique Line accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.
Errors And Omissions
Optique Line endeavours to maintain the accuracy of product images, product descriptions, stock availability and prices. We do however reserve the right to cancel an order and/or reverse a payment if an order has been placed based on erroneous information.