Access to and use of this site is provided by Bupa Optical (“we”, “us” and “our”) on the following conditions and any other directions or rules of use on this site (“Terms”). If you access this site (other than to read these Terms for the first time), you agree to these Terms.
We reserve the right to change the Terms at any time by posting changes online. You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access the site after changes are posted, you are taken to have accepted all changes.
Use of this site is at your risk. None of Bupa Optical, its affiliates or any of their respective employees, agents, third party content providers or licensors make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with this site, its use, its content or any products or services (including our products or services) referred to on this site.
This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
Failure or delay of performance or in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
Accessing any sites or servers maintained by other organisations (including Bupa Optical's companies) through links on this site. Links are provided for the convenience of our site users only, without responsibility for the content or operation of those sites. Unless otherwise stated, we do not endorse linked sites and their products and services. You link to any site at your own risk.
Defamatory, threatening, offensive or unlawful conduct of third parties.
A breach by us of our Privacy and Information Handling Policy.
1.2 No advice given
If you require specific advice for your individual circumstances, consult a Bupa Optical specialist. Submit an enquiry or locate your local store online. Do not rely on the general material on this site. Bupa Optical provides this website in order to allow its users to view information including general information about eyecare and associated professional services.
1.3 Warranty Disclaimer
Bupa Optical provides the information on this website. This site and its content and site-related services are provided “as is”, with all faults, with no respresentations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this site, site-related services, and hyperlinked websites. No oral or written information or advice given by Bupa Optical, the agent, or its authorized representatives shall create a warranty or in any way increase the scope of this warranty.
Bupa Optical is not liable to any other party for any loss or damage, including direct, consequential, incidental or indirect loss or damage including loss of profit (whether direct, consequential, incidental or indirect) resulting from a breach of these terms and conditions by Bupa Optical or the negligence of Bupa Optical or its representatives.
1.4 Limitation of our liability (if any) to you
Our total liability to you (if any) for loss, damage or reliance shall be limited to:
Refund/Returns Policy - Bupa Optical provides 30 day free replacement guarantee based on any supplier fault.
Shipping Policy - Bupa Optical uses Australian Post for all normal shipping and couriers for all express orders. We only deliver within Australia and strive to ship all orders within 3 working days, subject to stock availability. If we are out of stock or there is a delay in delivery, you will be notified of the delay within 7 working days.
You indemnify us, our affiliates an our respective employees, agents, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by us (“Our Loss”) as a direct or indirect consequence of you using this site.
Without limiting the preceding paragraph, you indemnify us for any of Our Loss incurred by virtue of any breaches of third parties’ intellectual property rights as a direct or indirect consequence of you using this site.
1.6 Rights we cannot exclude, limit or disclaim
This disclaimer, liability limitation and indemnity does not exclude any rights which by law may not be excluded.
1.7 Domicile of Website
The services provided by Bupa Optical are hosted via an Australian domiciled website and all private and confidential data is retained in Australia
This website may provide links to other websites that are not owned or controlled by Bupa Optical. We are not responsible for the privacy practices of other websites. Consult the privacy statement of each website you visit. Links to other websites do not constitute or imply endorsement by Bupa Optical of those sites, the information they contain, or any products or services they describe
1.9 Information on this website
The materials on this website are provided “as is” and without warranties of any kind either express or implied to the fullest extent permissible pursuant to applicable law. Bupa Optical disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Bupa Optical makes no claim or representation as to the accuracy of the content contained on this website. Bupa Optical does not accept any liability for loss or damages incurred by any person as a result of reliance upon the content of this website, or any other information incorporated by reference.
All information on this website is provided by Bupa Optical on the basis that all persons accessing this website undertake the responsibility for assessing the accuracy of its content and that they rely on it entirely at their own risk.
1.10 Access, correction, and data integrity
Although we attempt to ensure the integrity and accurateness of the website, we make no guarantees as to its correctness or accuracy. It is possible that the website could include typographical errors, inaccuracies, or other errors, and that unauthorised additions, deletions, and alterations could be made to the website by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected.
1.11 Revisions, changes, and updates
We may revise our policies and the information on this website or change or update the website without notice. Bupa Optical may also make improvements and/or changes in products and/or services described in this information or add new features at any time without notice. We encourage you to periodically reread these Terms and Conditions to see if there have been any changes to our policies that may affect you.
1.12 Click-stream Data and Cookies
Your server address;
Your top level domain name;
The date and time of access to the site;
Pages accessed and documents downloaded;
The previous site visited;
The type of browser software in use.
Bupa Optical may us this information for various purposes including:
To enable you to access online services;
To determine whether you have previously used parts of the website or to identify the pages you have accessed, but in each case, information collected cannot be used to personally identify you.
You can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. For examples, you can set your browser to notify you when you receive a cookie or to reject cookies. However, if you decide not to display cookies, then you may not be able to gain access to all the content and facilities of this website.
2.1 Lawful and authorised use only
You must use this site only for lawful purposes and for the purposes explicitly outlined and authorised in this site (including in these Terms).You are authorised to:
a) Download and view content; and
b) Use the software included in this site for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
You must not, without our prior written permission, exploit any of our site materials for commercial purposes.
Otherwise you are not authorised, without our prior written permission and the permission of any other relevant rights holder, to copy, broadcast, reproduce, republish, store (in any medium), transmit, broadcast, distribute, show or play in public, adapt or change in any way, the content of, or create a derivative work from, these web pages for any other purpose.
This prohibition does not extend to materials on this site which are expressed to be freely available for re-use or replication, subject to any conditions we specify.
2.2 Personal Use
Bupa Optical authorises you to print, copy, reproduce and download materials on this website, subject to the material being used exclusively for personal use, and the material not being modified in any manner.?Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act, no part of this site may be reproduced without the written permission of Bupa Optical.?If you download material (including software) from this website, the software, including any files, and/or images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Bupa Optical. You are expressly prohibited from selling, distributing, decompiling, reverse engineering or otherwise dealing with the Software in a like manner.
2.3 Commercial Use
Printing, copying, downloading, reproduction or distribution of material from this website for commercial use is expressly prohibited without Bupa Optical’s prior written consent.Hyperlinking and in particular but without limitation deep linking is expressly prohibited without Bupa Optical’s prior written consent, such consent is at the sole discretion of Bupa Optical.
2.4 General prohibitions
You must not use this site, or any tools offered through this site, in a manner which; or up-load, post, transmit or otherwise make available through this site any material which:
a) Violates or infringes the rights of other (including their intellectual property, privacy and publicity rights);
b) Is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
c) Encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
d) Restricts or inhibits any other user from using or enjoying this site;
e) Affects the functionality or operation of this site or its servers or the functionality or operation of any users computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or
f) Breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code.
2.5 Co-operation with authorities
We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials which the authority claims violates any applicable law.
2.6 Disclaimer about others’ materials
You acknowledge that any third party materials appearing on this site are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours.
By using this website you agree to these terms and conditions of use. This agreement is effective from your first use of this website until terminated by you or Bupa Optical. You may only terminate this agreement by unsubscribing to all services provided by Bupa Optical on this website and destroying all materials obtained from this website, all related documentation and all copies and installations thereof, whether made under the terms of this agreement or not.
This agreement will terminate immediately, with notice from Bupa Optical if, in Bupa Optical’s sole discretion, you fail to comply with any term or provision of these terms and conditions. Upon termination, you must destroy all materials obtained from this website and unsubscribe to all services provided by Bupa Optical on this site.
3.1 Victoria law applies
This site (excluding any linked, third party sites) is controlled by us from Australia.Any disputes must be determined by the courts having jurisdiction in Victoria, Australia in accordance with laws in force in Victoria. You irrevocably and unconditionally submit to this jurisdiction.
3.2 Unenforceable Terms
If any provision of the Terms is found by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the remaining Terms.
3.3 Site or content may be unlawful outside Australia
We do not warrant that the content of this site complies with the laws of any country outside of Australia. If you access this site from outside of Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us.
3.4 Your responsibilities under laws affecting you
You are responsible for ensuring that your use of this site is lawful, does not infringe any third party’s rights and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant Internet Industry Codes of Practice).
3.5 No offers where illegality arises
Nothing on this site constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of the jurisdiction.