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.
1. Order Process
2. Use and Storage of Information
3. Access to the Site
4. Copyright and Trademarks
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
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.
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:
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:
10. Variation of these Terms and Conditions
11. Other terms