International Users: We control, operate and administer this Website from Our offices located in Australia. If You access this Website from a location outside of Australia, You are responsible for compliance with all local laws. You agree that You will not use the Contents or the Website in any manner prohibited by any applicable laws, restrictions or regulations.
The purpose of this Website is to provide information about us, Our products and services, and to provide links to the Essilor group’s various websites. All materials contained on this Website, including data, trademarks, brands, patents, logos as well as any other information available on or through this Website (the “Contents”), are owned by or licensed to us and are protected by copyright and other intellectual property laws.
This Website may also contain references to products and services that have not been made available in Your country. Such references do not imply that Essilor intends to offer these products or services in Your country. Therefore the presentation of the products and services on this Website does not constitute a binding sales offer. You may contact Our regional sales organization should You have any questions.
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Contents, information or services available on or through the Website (or any part thereof) with or without notice. Although We attempt to ensure the integrity and accurateness of the Website, We make no guarantee whatsoever as to the correctness or accuracy of the Website.
Health information, including general information about vision, vision care and vision correction is not intended as, and should not be received or construed as medical advice or a substitute for medical advice. If You suspect that You have a vision problem or medical condition requiring attention, contact a qualified professional as soon as possible.
3. Prohibited Use
Any commercial or promotional distribution, publishing or exploitation of the Website, or any of its Content, is strictly prohibited unless You have received express prior written permission from us or the applicable rights holder.
Other than as expressly allowed herein, You may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any Content on or available through the Website.
You further agree that You may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the Content, on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices.
You acknowledge that You do not acquire any ownership rights by downloading any copyrighted material from or through the Website. If You make other use of the Website, or the content, data or materials thereon or available through the Website, except as otherwise expressly allowed hereunder, You may violate copyright and other applicable laws.
4. Ownership and Protection of Intellectual Property
The logos, service marks, and trademarks owned by Essilor and used in this Website may not be used in any advertising, publicity, or other use without Our prior explicit written permission.
5. User Generated Content
This Website may offer opportunities to provide ratings, reviews, participate in an online forum, blog or other service (collectively, the “Online Community”) in which Your comments and contributions are available to other users of the Online Community. You must be 18 years of age to participate in Our Online Community. Please remember that Your User Generated Content may be publicly available and We are under no obligation to treat it as confidential or private.
If We or Our representatives provide You with a product, prize or compensation, You must disclose this fact in all User Generated Content. You must also disclose if You are an employee, vendor, supplier or are otherwise connected to Essilor if You are writing about any Essilor product or service in Your User Generated Content.
Any opinions, advice, statements or other information provided or made available by third parties in the Online Community are those of the respective authors and not of Essilor. We take no responsibility and assume no liability for any User Generated Content posted by You or any third party. You agree that You are responsible for any User Generated Content that You post or submit, and for any consequences thereof. We have the right, but not the obligation, to monitor, edit, to not post and/or to remove any User Generated Content.
6. License and Indemnity for User Generated Content
Unless We indicate otherwise, if You post or submit User Generated Content, You hereby grant Essilor a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, print, transmit, translate, index, create derivative works from, distribute, display and otherwise exploit such User Generated Content throughout the world in any media or format, now known or hereinafter devised without further notice to You, with or without attribution, and without the requirement of permission from or payment to You or any third party. You hereby grant Essilor and its representatives and sublicensees the right to use the screen name or other name that You submit in connection with such User Generated Content, if We or they choose.
7. User Conduct
Access to and use of password protected and/or secure areas of the Website are restricted to Users with accounts only.
If You provide Us with information, including when You create an account, You agree to: (i) provide true, accurate, current and complete information; and (ii) maintain and promptly update such information to keep it true, accurate, current and complete.
8. Medical Disclaimer and Eye Care Professional Locator
This Website provides general information about vision, vision care and vision correction and is intended for informational purposes only. It is not intended and should not be received or construed as medical advice or a substitute for medical advice. If You suspect that You have a vision problem or medical condition requiring attention, contact a qualified professional as soon as possible.
Although the Website may provide You with the ability to locate eye care professionals (“ECPs”) offering Essilor products through a “Find a Store” or similar ECP locator feature (individually and collectively as “ECP Locator”) and may offer information and other content provided by ECPs and other healthcare professionals, Your use of the Website services does not create a healthcare professional-patient relationship or a doctor-patient relationship with any ECP or other healthcare professional.
ECPs are required to keep the information contained in the ECP Locator regarding their practice reasonably current and accurate. However, such information is supplied by third parties and is not independently verified by Us. We make no representations or warranties of any nature with respect to such information, including the implied warranties of merchantability and fitness for any particular purpose. We urge You to verify the accuracy of this information with appropriate sources, such as the ECP’s office, insurance providers, state medical or professional licensing boards and relevant professional associations.
The ECP Locator is provided as a convenience to You to enable You to locate ECPs offering Our products. Any other use is strictly prohibited. Although the ECPs mentioned on Our Website may possess specialized knowledge of Essilor’s products, We do not endorse, recommend, or make any representations or warranties regarding the services provided by any individual ECP or ECP practice, including ECPs referenced, listed on or accessible through the ECP Locator or other parts of the Website. Exclusion from the ECP Locator does not indicate Our disapproval of any ECP.
You are solely responsible for choosing Your ECP and other healthcare professionals. Your use of the ECP Locator and the Website is at Your own option and risk. We are not liable to You or others for any decision made or action taken in reliance on the information obtained from the ECP Locator or the Website.
9. Third Party Websites and Content
We make no representations whatsoever about any website that You may access through this Website (“Linked Sites”). Links to content or information outside of this Website are provided as a convenience, and may be disabled or removed at any time. When You access a non-Essilor website, it is independent from Us and We have no control over the content or the privacy practices of that website. In addition, a hyperlink to a non-Essilor website does not mean that We endorse or accept any responsibility for the Contents, or the use, of the linked website; and any views or opinions expressed in such linked content or information does not necessarily reflect any views or opinions of the staff or management of Essilor. Links to such documents do not in any way suggest Essilor’s endorsement of any product or service specified therein. Links to content or information outside of this Website may be found to contain offensive material or may further link to websites that may contain offensive material. Therefore, it is Your responsibility to take proper precautions when using these websites (including with regards to harmful data such as viruses), and You are to accept full responsibility for visiting such Linked Sites.
10. Disclaimer Of Warranties
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEBSITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE OR THE CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
11. Limitation of Liability
IN NO EVENT SHALL ESSILOR, ITS AFFILIATES, PARTNERS, ASSOCIATES, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, OR CONTENT OR SERVICE PROVIDERS BE RESPONSIBLE OR LIABLE TO YOU, ANY OTHER SITE USER OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS PROFITS OR OTHER ECONOMIC LOSS, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, EVEN IF ADVISED OF THE POSSIBLITIY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, THE CONTENT OR INFORMATION POSTED TO THIS WEBSITE, THE DESIGN FUNCTIONALITY OR USE OF THE WEBSITE, THE RELIANCE ON ANY STATEMENT OR ADVICE FROM ANY OTHER USER OF THE WEBSITE, THE INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR ANY PART THEREOF, ANY LINKED WEBSITES OR MATERIALS, OR OUT OF ANY BREACH OF ANY WARRANTY, EXPRESS OR IMPLIED.
13. General Provisions
(e) Singular and Plural: Wherever appropriate, a singular term shall be construed to mean the plural where necessary, and a plural term the singular.
(g) Contact Us: If You have a complaint or require further information regarding the use of this Website, please contact Us at: OSA Optical Sipply of Australia +61 02 9914 3777.