TERMS & CONDITIONS OF USE


Please read this document carefully because it contains important information about your rights and obligations as well as limitations and exclusions that apply to you in your use of the Luxottica Retail Vision Services web site.
The web site is operated by Luxottica Retail Pty Limited ABN 26 000 025 758 and its related bodies corporate, including OPSM , Budget Eyewear, and Laubman and Pank. All images displayed are the property of Luxottica Retail Pty Limited or its suppliers.
This agreement together with any other agreement you have with a member of the Luxottica Retail Pty Limited and any additional terms, conditions, notices and disclaimers contained on the Website ("the Site") form the terms and conditions of the use of and access to the Luxottica Retail Vision Services Website (collectively the "Terms of Use"). By using the Site, you expressly agree to be bound by the Terms of Use. Luxottica Retail Pty Limited reserves the right to amend the Terms of Use at any time.

1. Order Process
  1. Except as stated otherwise on the Site, Luxottica Retail Pty Limited does not offer for sale any product or service directly through this Site. Any product return or service resupply must be directed to the relevant retail store that Luxottica Retail Pty Limited designates as a participant in the Prescription Safety Eyewear Program, by communication with you or through notice on the Site ("OPSM and Laubman and Pank store").
  2. You may enter order information on the Site if you have entered into an agreement for supply of optical products with Luxottica Retail Pty Limited. This will enable us to automatically generate an Eyewear Purchase Authorisation and Company Guidelines Form that can subsequently be presented in an OPSM or Laubman and Pank store.
  3. In order to use the automated ordering process on the Site, please enter the relevant information on the page containing the Eyewear Purchase Authorisation and Company Guidelines Form.
  4. No binding agreement to purchase or supply products or services is entered into as a result of the use of the Site.
  5. A binding agreement to purchase and supply products or services is only entered into when an Eyewear Purchase Authorisation and Company Guidelines Form is presented in an OPSM or Laubman and PANK store.

2. Use and Storage of Information
  1. You agree that Luxottica Retail Pty Limited may compile and store any information that you enter on to the Site, including information that identifies individual employees. This information may be used in the administration and management of accounts such as for ensuring accurate invoicing of customers. This information may be accessed by employees of Luxottica Retail Pty Limited including in OPSM and Laubman and Pank stores.

3. Access to the Site
  1. Luxottica Retail Pty Limited will provide you with a username and password for access to the Site to enable you to place Orders.
  2. You agree that you:
    1. are responsible for all use of the Site accessed through your user name and password;
    2. must, and must ensure that your employees and agents, take all reasonable steps to maintain the secrecy of your username and password;
    3. will notify us immediately of any unauthorised use of your username and password;
  3. We will use reasonable endeavours to provide you with access to the Site on a continuous basis.

4. Copyright and Trademarks
The Site and anything on it, including all trade marks and product names, information, text, materials, graphics, software and advertisements ("Content") is protected by intellectual property laws. You must not modify, copy, reproduce, republish, frame, up load to a third party, post, transmit or distribute the Content in any way except as expressly allowed by Luxottica Retail Pty Limited. You must not use the Site in any manner or for any purpose which is unlawful or in any manner which violates any right of Luxottica Retail Pty Limited or is prohibited by the Terms of Use.

5. Indemnity
You must at all times indemnify us and our officers, employees and agents ("those indemnified") from and against any loss (including reasonable legal fees) or liability incurred or suffered by any of those indemnified where such loss or liability was caused by your act or omission including, without limitation, your use of the Site.

6. Your Conduct
As a condition of your use of the Site, you warrant to Luxottica Retail Pty Limited that you will not use the Site for any purpose that is unlawful or prohibited by the Terms of Use.
Luxottica Retail Pty Limited retains the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request and to exclude from any part of the Site, or to disqualify from authorized access on this Site, any person who attempts to compromise the security measures on this Site or who causes Luxottica Retail Pty Limited to suffer any damage or loss in any way.

7. Third Party Links and Advertising
Hyperlinks and pointers to web sites operated by third parties may appear on the Site. These web sites do not form part of the Site. The display of such hyperlinks and advertising does not in any way imply a recommendation, endorsement or control by Luxottica Retail Pty Limited and Luxottica Retail Pty Limited is not responsible for the contents of any linked web site or hyperlink contained in a linked web site.

8. Termination
Luxottica Retail Pty Limited reserves the right at its sole discretion to terminate your membership or access to the Site at any time without notice. In the event of termination you are no longer authorised to use the Site, but all restrictions imposed on you and all limitations of liability set out in the Terms and Use will survive.

9. Disclaimer and Limitation of Liability
All information on the Site is provided in good faith. Your use of the Site is at your sole risk. Access is provided on 'as available' basis. Luxottica Retail Pty Limited will not be liable for any loss resulting from any action, omission or decision by you in reliance on the information on the Site, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction of or damage to equipment or software. You must take your own safety precautions in relation to anything you access on the Site. The Trade Practices Act 1974 and similar State and Territory legislation in Australia may confer rights on you in relation to the provision by Luxottica Retail Pty Limited of goods or services on the Site which can not be excluded, restricted or modified ("Non-Excludable Rights"). OPSM 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:
  1. all Content is provided "as is" and without warranties of any kind, either expressed or implied,
  2. Luxottica Retail Pty Limited expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose,
  3. Luxottica Retail Pty Limited does not warrant that your access to the Site will be uninterrupted or error free, that any defects will be corrected or that the Site or the server which stores and transmits the Site's content to you are free of virus or any other harmful component, and
  4. Luxottica Retail Pty Limited does not warrant or make any representation regarding your access to, or the results of your access to, the Site (including any related or linked web sites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability, or otherwise.
Under no circumstances (including, but not limited to, any act or omission on the part of Luxottica Retail Pty Limited) will Luxottica Retail Pty Limited be liable for any indirect, incidental, special and consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Site or any content on the Site. You expressly acknowledge and agree that Luxottica Retail Pty Limited does not exert control of users over the Site. To the fullest extent permitted by law, Luxottica Retail Pty Limited’sliability for breach of any implied warranty or condition which can not be excluded is limited, at the option of Luxottica Retail Pty Limited to the following:
  1. in the case of services supplied or offered by Luxottica Retail Pty Limited,
    1. the supplier of the services again, or
    2. the payment of the cost of having a services supplied again; and
  2. in the case of goods supplied or offer by Luxottica Retail Pty Limited
    1. the replacement of the goods or the supplier of the equivalent goods,
    2. the repair of such goods,
    3. the payment of the cost of replacing the goods or acquiring equivalent goods, or
    4. the payment of the cost of having the goods repaired.
10. Variation of these Terms and Conditions
  1. Luxottica Retail Pty Limited may vary any of these terms and conditions from time to time by giving you at least one month's notice of such variation. The variation will be posted on our Website and will become effective on the expiry of the one month's notice or on such other later date as we may specify.
  2. Your continued use of the Site will constitute your acceptance of the variation of the terms and conditions.
11. Other terms
  1. In all other respects the terms governing your use of the Site and transactions commenced on the Site are set out in your supply agreement with Luxottica Retail Pty Limited.
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