Terms

Before ordering any goods from the Contacts Online website, please take the time to read our terms and conditions, which govern the use of our website and the purchase of any goods from it.

If you have any questions or wish to clarify the meaning of any of these terms and conditions, please contact us by email prior to ordering any goods from this website.

Acknowledgment and acceptance of terms and conditions
By accessing, browsing or using this website, you agree to these terms, conditions and disclaimers as amended from time to time ("Terms and Conditions") and acknowledge that you have read and understood these Terms and Conditions. By purchasing an item from the Contacts Online website, you expressly agree to be bound by these Terms and Conditions.

Contacts Online may amend these Terms and Conditions from time to time. Any amendment will be effective immediately. Your continued use of the Contacts Online website after any amendment becomes effective constitutes an agreement by you to abide and be bound by these Terms and Conditions, as so amended.

RRP Information
Any Recommend Retail Prices (RRP) mentioned by us are typical industry prices. Please note that retail prices vary from supplier to supplier, and we take no responsibility or liability for the accuracy of RRP as they apply to any particular optical outlet.

Information you provide to us
You agree to:

  • provide certain current, complete, and accurate information about yourself as prompted to do so by the Contacts Online website; and
  • maintain and update this information as required to keep it current, complete and accurate.

All information provided by you when placing an order is referred to in these Terms and Conditions as "User Information". When you provide any User Information you are representing and warranting that all of the information provided is true and correct and are agreeing to indemnify and keep indemnified at all times Contacts Online for any losses, costs, expenses or damages that Contacts Online may suffer if any of this information is not correct.

You should review the Contacts Online Privacy Statement for further information concerning the collection and usage of User Information. You grant to Contacts Online the right to disclose those aspects of your User Information as expressed in the Contacts Online Privacy Statement.

You must not transmit or attempt to transmit any material of any kind to the Contacts Online website which contains a virus, malicious computer code or other harmful component or otherwise attempt to alter any of the content on the Contacts Online website.

If any User Information provided by you is incomplete or inaccurate or you attempt to transmit any material of any kind to the Contacts Online website which contains a virus, malicious computer code or another harmful component or you otherwise attempt to alter any of the content of the Contacts Online website, or you are otherwise in breach of these Terms and Conditions, Contacts Online retains the right to terminate your rights to purchase products or services from the Contacts Online website and to prosecute you to the full extent of the law.

You acknowledge and consent to the disclosure by Contacts Online to any law enforcement agency in any jurisdiction that is investigating any breach or suspected breach of any law in any jurisdiction of your identity or other information provided by you to the Contacts Online website, upon being requested to do so by that law enforcement agency.

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General
The products and services offered for sale by Contacts Online are only available to individuals who can enter into legally binding contracts. The products and services are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.

Any party engaging in illegal activities involving the use of the Contacts Online website will be subject to civil and criminal prosecution. Contacts Online cannot guarantee that it will notice or be able to prevent any illegal or inappropriate use of the Contacts Online website, nor can Contacts Online guarantee that it will give notice of any illegal or inappropriate use of the Contacts Online website.

Ordering goods
Any order placed by you in the manner described in the Contacts Online website is an offer by you to purchase a particular product or service for the price (including any delivery and other charges) specified in the Contacts Online website at the time you place your order.

Contacts Online reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on the Contacts Online website, or an error in your order. There may be reasons why Contacts Online cannot fulfil your order. Therefore, your contract with Contacts Online only comes into existence when Contacts Online advises you that it has accepted your order and receipt of your payment has been confirmed.

Prices of products and services and delivery and other charges displayed on the Contacts Online website are current at the time of issue, but may change at any time and are subject to availability. The availability of products and services may change from time to time.

Contacts Online will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you on dispatch from Contacts Online distribution centre.

You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any products or services acquired or ordered by you from the Contacts Online website.

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Delivery
You should review the Contacts Online delivery information contained on the Contacts Online website for information concerning delivery. The delivery times given on the Contacts Online website are indicative only. Contacts Online will not be liable for any failure to observe these delivery times. You understand and agree that you shall not be entitled to withdraw or modify any commitment made for the purchase of products from the Contacts Online website once that commitment has been made for any reason, including without limitation, due to any delay in delivery.

Returns
You should review the Contacts Online returns policy contained on the Contacts Online website for information concerning returns. You agree to be bound by the terms of the returns policy and Contacts Online's liability is limited as expressed in that policy and these Terms and Conditions.

Termination
Your ability to purchase products and services from this the website may be terminated at any time by Contacts Online without notice. All restrictions, licenses granted by you and all disclaimers and limitations of liability by Contacts Online will survive termination.

Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue use of the Contacts Online website.

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Security
Under accepted codes of conduct operating within the banking industry, your bank cannot hold you liable for more than $50.00 of fraudulent charges, unless your actions have contributed to the unauthorised use of your credit card. In the event of unauthorised use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

Links to other Web Sites
This site contains links to other websites maintained by other companies and organisations. Contacts Online does not make any representation as to the accuracy of any information contained on those websites and will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those websites.

The Contacts Online website also contains referral buttons that contain embedded hyperlinks to websites operated by third parties. The third party is solely responsible to you for any representations or offers made by it and for the delivery of any goods or services you agree to purchase from any third party website.

Copyright
Unless otherwise indicated, copyright in the information on the Contacts Online website is owned by Contacts Online. All rights reserved. This site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by Contacts Online. You may download a single copy of the information on the Contacts Online website and, where necessary for its use as a reference, keep a temporary copy in your computer's cache and make a single hard copy of that information.

Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no part of the information contained on the Contacts Online website may be otherwise reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of Contacts Online.

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Review and comments
Contacts Online enables visitors to its website to make reviews of and comments on the products and services featured on the Contacts Online website. By offering such reviews or comments on the Contacts Online website, you grant to Contacts Online, its related bodies corporate, its directors, officers and employees a non-exclusive, royalty free, perpetual, irrevocable and fully sub-license-able right to use, reproduce, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media.

You expressly waive in favour of Contacts Online and any other person authorised by Contacts Online all moral and similar rights in any jurisdiction that you have or acquire in respect of such reviews and comments. You also grant to Contacts Online and its related bodies corporate, directors, officers, employees and sub-licensees the right to use and publish your name, which you will be required to submit with any review or comment, in connection with that review or comment. You agree not to post any review or comment that contains any unlawful, criminal, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind or which violates or infringes upon the rights of any person. If you do, you agree to indemnify Contacts Online for any losses, costs, expenses or damages that Contacts Online may suffer as a result.

Virus warning
Contacts Online does not represent that any information (including any file) obtained from or through Contacts Online is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses.

Contacts Online will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any applicable law that cannot be excluded imposes any liability on Contacts Online, that liability shall be limited to the cost of re-supplying that information.

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Release and indemnity
You hereby waive, release, forgive, discharge and relinquish any and all claims that you now have or may have against Contacts Online, its related bodies corporate, directors, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction.

You hereby agree to indemnify, defend and hold Contacts Online, its related bodies corporate, directors, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by Contacts Online, its related bodies corporate, directors, employees, agents and representatives arising out of or in connection with the performance of its duties as described in these Terms and Conditions including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

You further agree to indemnify and hold Contacts Online, its related bodies corporate, directors, employees, agents and representatives harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Contacts Online website, the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.

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Applicable law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Queensland, Australia. You and Contacts Online agree to submit to the exclusive jurisdiction of the courts of the state of Queensland. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

Contacts Online's failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Contacts Online in writing.

Limitation of liability
Contacts Online will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from your use or your inability to use the Contacts Online website or for the cost of procurement of substitute products or services or resulting from any products or services purchased or obtained or messages received or transactions entered into through the Contacts Online website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on the Contacts Online website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Contacts Online has been advised of the possibility of such damages.

Where any Act of Parliament implies in these Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms and Conditions, however, the liability of Contacts Online for any breach of such term, condition or warranty shall be limited, at the option of Contacts Online, to any one or more of the following:

  1. if the breach relates to goods:
    1. the replacement of the goods or supply of equivalent goods;
    2. the repair of such goods;
    3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    4. the payment of the cost of having the goods repaired; and
  2. if the breach relates to services:
    1. the supplying of the services again; or
    2. the payment of the cost of having the services supplied again.

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Disclaimer
The information contained on the Contacts Online website is provided by Contacts Online in good faith on an "as is" basis. The information is believed to be accurate and current at the date the information was placed on the Contacts Online website.

None of Contacts Online, its related bodies corporate, any of their directors, officers or employees makes any representation or warranty as to the reliability, accuracy or completeness of the information contained on the Contacts Online website (including in relation to any products or services) and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on the Contacts Online website.

To the fullest extent permitted by applicable law, Contacts Online disclaims all representations and warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Contacts Online makes no warranty that the website or any products or services advertised on the website will meet your requirements, or that the website will be uninterrupted, timely, secure or error free.

You expressly acknowledge and agree that Contacts Online does not control other users of the Contacts Online website or the suppliers of goods and services purchased from the Contacts Online website and Contacts Online is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.

No advice or information, whether oral or written, obtained by you from or through the Contacts Online website creates any warranty not expressly made in these Terms and Conditions.

Information on the Contacts Online website relating to products and services has been prepared in accordance with Australian law for the supply of goods and services in Australia only. This information may not satisfy the laws of any other country. To the extent that it does not satisfy the laws of the country in which you reside or from which you are accessing the Contacts Online website, it is not directed at you and cannot be relied upon by you and you are unable to order any goods from the Contacts Online website. If you do, you agree to indemnify Contacts Online for any losses, costs, expenses or damages Contacts Online may suffer as a consequence.

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