Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By accessing this website you agree to be bound by, and abide by, these Terms and Condition of Use (“Terms”). If you do not agree to these Terms, please do not use this website.

1          About these Terms

1.1      ‘We’, ‘our’ or ‘us’ and ‘Specsavers’ means Specsavers Pty Ltd (ABN 82 097 147 932) and includes its directors, employees, agents, subsidiaries and holding companies.

1.2      Your use of this website is subject to these Terms and all applicable laws. Your use and/or registration is also subject to Specsavers’ Privacy Policy.

1.3      Specsavers reserves the right to revise and update these Terms and Specsavers’ Privacy Policy by making any changes immediately without notifying you except by publishing the amended Terms or Privacy Policy (as applicable) on this website.

2          Website Content

2.1          You agree that the website itself and all of the materials displayed on this website, including (without limitation) all information, training materials, text, graphics, videos, images, names, logos, trademarks, design, software and advertisements, is for your personal use only and is the property of Specsavers.

 

2.2          You may not in any way commercially exploit any material obtained from this website 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 the website. In the absence of any particular notices, a user may make one copy of copyrighted content exclusively for personal use. Modification or use of the Website Content for any other use is not permitted.
 

2.3          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the Website Content may include errors and changes or events may occur which cause the information to be inaccurate or out of date.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 any error, omission or defect contained in the Website Content.

3          Information you provide

3.1      By accepting these Terms and providing your email address, you consent to Specsavers using your email address to send you information about this website, courses or materials available and information about your registration and account.

3.2      If you elect to receive product and services information from Specsavers, Specsavers may from time to time send you marketing material including product and services offers. You can unsubscribe from this at any time. See the Specsavers Privacy Policy for more information on how Specsavers’ handles your personal information.

3.3      You agree that by using this website and providing your personal information, Specsavers may provide a record of your CPD activity to professional bodies on request. It is your responsibility to ensure that your CPD information is up to date and accurate at all times. Specsavers will not be liable for any errors in your CPD information contained on the website or provided to professional bodies.

3.4       You hereby warrant that any content that you contribute to this website is your own content and will not infringe on the intellectual property rights of any third party. You must ensure that any content you provide is accurate and up-to-date.

3.5       Specsavers shall use commercially reasonable endeavours to restrict unauthorised access to the information you provide. Except as specifically set out in these Terms, Specsavers shall handle your personal information in accordance with the Specsavers Privacy Policy.

4          Intellectual property

4.1      Trademarks

All brand names, product and service names, and titles used on this website are trademarks, trade names, and/or service marks of or licensed to Specsavers. No permission is given by Specsavers for their use by any person 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.

4.2      Copyrights

All Website Content, including any 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. Any special rules for the use of certain materials accessible on this website may be included elsewhere within this 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.

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 NOT BE LIABILE 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, ANY SPECIAL, CONSEQUENTIAL, PUNIITIVE, 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, YOUR INABILITY TO USE THE SITE OR YOUR USE OF OR RELIANCE UPON ANY OF THE INFORMATION, SERVICES OR MATERIALS CONTAINED IN THE WEBSITE OR PROVIDED 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.

5.4       Specsavers reserves the right to limit your use of the website and/or the Website Content or to terminate your account should Specsavers determine that you have violated these Terms.

6          Indemnity

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 this website, any breach by you of these Terms 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 your conduct, act or omission or any person accessing any Website 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 this website in order to upgrade or maintain them, or for other circumstances beyond Specsavers’ control. Should Specsavers or its website hosting provider need to interrupt the availability of services on this website, Specsavers or its website hosting provider 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.

7.4       This website is intended for use within Australia and/or New Zealand only unless otherwise specified. Specsavers make no representation that any product or service referred to on this website is appropriate for use, or available, outside of Australia and/or New Zealand. 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.

7.5      This website is hosted in Sydney, Australia by Specsavers’ contracted service provider Mediasphere Holdings Pty Ltd.

8          Third party links

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 this website 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          Governing Law

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.

 

Last Updated: January 2020

 

 

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