Summary of Freeoptical Terms and Conditions
|
|
|
|
This is a summary only. For our complete terms and conditions, click here. Please note that while our terms and conditions may change from time to time, you will
always find the most recent version here. "Freeoptical" means Pun Ideas Pty Ltd and any successors to the assets or business of Pun Ideas Pty Ltd.
|
|
|
|
Your personal information is protected. Your privacy is important to us and we take great care to protect it. Please see our Privacy Policy for details.
|
|
|
|
We may communicate with you via email, SMS and [telephone]. You consent to receiving such communications from Freoptical. Freeoptical intends to send regular
email updates and occasional promotional offers that may be of interest to you. You may opt-out of these mailings at any time upon receipt.
|
|
|
Age: You must be at least 18 years of age to sign-up for Freeoptical.
|
|
|
|
To read the complete Freeoptical Terms and Conditions, please see below.
|
"Freeoptical.com.au Terms and Conditions"
|
|
|
|
Welcome to Freeoptical! Freeoptical provides frames and lens. However, before you enter the Freeoptical site (the "Site") or use any of the Freeoptical services, you must carefully
review the Terms and Conditions set out below (the "Terms"). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by
reference into these Terms. These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms
and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You should periodically check this page to make sure
you are up to date.
|
|
|
|
By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and
Freeoptical that you will use the Service only in a manner consistent with these Terms. If you have questions about these Terms, please contact admin@freeoptical.com.au. Your use
of the Site and its services (together, the "Service") is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access
or use the Service (collectively "Corruptive Code");.
|
|
|
|
Terms of Membership
|
|
|
|
Freeoptical membership ("Membership") is available to you if you are at least 18 years of age and submit certain requested information to Freeoptical, including your name and correct
email address. When you become a Member, you must provide Freeoptical with true, accurate, current, and complete information about yourself when such information is requested by the
Service (whether by questionnaires, surveys, registration forms, or other informational requests).
|
|
|
|
Freeoptical has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time.
Although Freeoptical does not and will not examine or otherwise review all Content submitted or transmitted to the Service, Freeoptical may delete, move, and edit Content for any
reason, at any time, without notice.
|
|
|
|
By viewing the Site, you may be exposed to Content that you consider to be offensive. You take sole responsibility for such exposure.
|
|
|
|
Freeoptical in no way guarantees the accuracy, quality or appropriateness of Content available through the Service.
|
|
|
|
No Resale of Service
|
|
|
|
Your use of the Service may be for personal purposes only. You will not (i) reproduce, duplicate, copy, sell, resell or exploit any part of the Service, or (ii) use or access the
Service for any commercial purpose.
|
|
|
|
Third Party Software
|
|
|
|
As a convenience to Members, Freeoptical may make third-party software available through the Service, including by downloading. To use such software, you will agree to the terms and
conditions imposed by the third party provider. The agreement to use such software will be solely between you and the third party provider.
|
|
|
|
Freeoptical makes no representations or warranties concerning, and is not liable or responsible in any manner for, any performance, effectiveness or other aspect of such software.
|
|
|
|
Privacy Policy
|
|
|
|
We respect your privacy and have taken specific steps to protect it. Please see our Privacy Policy.
|
|
|
|
Copyright
|
|
|
|
When you use the Service, you become a participant in an online community of people who enjoy shopping optical needs online. In order for Freeoptical to make your photos available to
you and your invitees, as well as to use images to offer you a special variety of online services, Freeoptical needs the rights to make use of all Content on the Service, in
accordance with and subject to these Terms.
|
|
|
|
The Service is protected by Australian laws and by other applicable laws.
|
|
|
|
Indemnity
|
|
|
|
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS Freeoptical, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS
(COLLECTIVELY "Freeoptical AFFILIATES") FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY
VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS
BY USING YOUR ACCOUNT.
|
|
|
|
Limited Warranty
|
|
|
|
(A) No Liability for Content IN NO EVENT WILL Freeoptical OR Freeoptical AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I)
CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.
|
|
|
|
(B) Exclusive Remedy ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
Freeoptical'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR Freeoptical TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH PRINTS, OR (II) REMAKE OF
OPTICAL AT NO EXTRA COST.
|
|
|
|
(C) Disclaimer EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, Freeoptical AND Freeoptical AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Freeoptical
MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS, OR (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS. Freeoptical MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED,
ACCESSED, OR OBTAINED THROUGH THE SERVICE OR THAT ARE ADVERTISED ON THE SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
|
|
|
|
(D) Remedies. TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
|
|
|
|
LIMITATION OF LIABILITY
|
|
|
|
TO THE FULLEST EXTENT PERMITTED UNDER LAW, Freeoptical WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR
OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF
THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH
THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
|
|
|
|
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
|
|
|
|
Termination
|
|
|
|
Freeoptical may, in its sole discretion, terminate your Membership (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice,
for any reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by Freeoptical elsewhere within the Service, (ii) conduct Freeoptical
believes is harmful to other Freeoptical users, the business of Freeoptical, or HP Affiliates, or (iii) failure to maintain Active Participation in the Service. Freeoptical will not
be liable to you or any third-party for any termination of your access to the Service.
|
|
|
|
Modification of Terms
|
|
|
|
Freeoptical may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or
modifications made by Freeoptical will be prospective only.
|
|
|
|
Entire Agreement
|
|
|
|
These Terms constitute the entire agreement between you and Freeoptical governing your use of the Service. In the case of inconsistencies between these Terms and any information
included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may
apply when you use Freeoptical Affiliate services, third-party Content, or third-party software.
|
|
|
|
The failure of Freeoptical to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in
full force and effect.
|
|
|
|
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim
or cause of action arose, or be forever barred.
|
|
|
|
Reporting Violations
|
|
|
|
You can report abuse of these Terms to admin@freeoptical.com.au
|