By accessing and using any part of this website and its Contents (the “Website“), you (the “User” or “You“, “Your”) signify that You have read, and unconditionally agree, and accept to be legally bound by these Terms of Use, without any limitation or qualification.

These Terms of Use form a binding agreement between You and OSA Optical Supply of Australia  (“Us”, “We”, “Our”). 

If You do not agree to be bound by these Terms of Use, please do not use this Website.

We may make changes to the Website, these Terms of Use, or other policies or conditions that govern the use of the Website, as the case may be, at any time. We encourage You to review these Terms of Use periodically for any updates or changes.

If You are below 18 years old: You must obtain consent from Your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for: (i) Your actions; (ii) any charges associated with Your use of the Website and its Contents; and (iii) Your acceptance and compliance with these Terms of Use. If you do not have consent from Your parent(s) or legal guardian(s), You must promptly exit this Website.

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.

1. Contents

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.

2. Privacy

We respect Your privacy. Any personal information collected from You (whether relating to You, Your purchasers, end-consumers and/or other users of Our products) will be subject to and governed by Our Privacy Policy (accessible at https://osalens.com.au/privacy/. By using this Website, You accept the terms of Our Privacy Policy. We may modify Our Privacy Policy at Our discretion from time to time so We encourage You to periodically review these Terms of Use and Our Privacy Policy for any updates or changes. You understand that through Your use of the Website, You consent to the collection, use and disclosure of information, as permitted by Our Privacy Policy.

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 

All pages and Contents within this Website are the property of the Essilor group (“Essilor”) and/or its licensors. The Contents and information on this Website are protected by copyright, trademark and other intellectual property and proprietary rights and laws. Unless We indicate otherwise, no portion of this Website may be copied, reproduced, altered, modified, used to create derivative works, publically displayed, or distributed in any form without Our prior express written permission. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials. You may download any Content only for Your personal use for non-commercial purposes but no modification or further reproduction of the content is permitted. The Contents may otherwise not be copied or used in any way. We reserve any and all rights not expressly granted by these Terms of Use.

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 You choose to participate in Our Online Community, You may post or submit truthful and accurate ratings, reviews, comments, photos, and other content (collectively “User Generated Content”), as allowed for in the particular Online Community, so long as Your User Generated Content does not violate these Terms of Use, is not illegal, obscene, vulgar, deceptive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, email addresses, URLs, phone numbers, physical addresses or other forms of contact information, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of any User Generated Content. Your conduct should be guided by common sense and basic etiquette.

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.

You represent and warrant (i) that You own or otherwise control all of the rights in and to Your User Generated Content and have all permissions necessary to license the above rights to Essilor; and (ii) that Your User Generated Content is accurate, does not violate any applicable law, rule or regulation, does not violate these Terms of Use, and will not cause injury to any person or entity. You agree to indemnify and hold harmless Essilor, its affiliates, and their directors, officers and employees from all claims resulting from User Generated Content that You post or submit.

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.

You also agree not to: (i) access or attempt to access any information, documents or material by working around any technical limitations on the Website that limit Your use of or access to the Website or the Contents; (ii) disrupt or interfere with the security of, or otherwise cause harm to, the Website, including systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked websites, applications, materials, documents or services; (iii) access or use the Website in any manner that could damage, disable, overburden or impair any server or network; (iv) infringe any intellectual property rights or other rights; (v) post or otherwise submit any software, programs or files that are harmful or disruptive to any equipment, software or other property, including corrupted files, time bombs, Trojan Horses, viruses and worms; (vi) create a false identity for the purpose of misleading Essilor or others or use any Essilor domain name as a pseudonymous return email address; (vii) disrupt, interfere or inhibit any other user from using and enjoying the Website; (vii) violate any applicable laws or regulations related to the access to or use of the Website; (ix) violate these Terms of Use; (x) prepare, compile, scrape, harvest, download or otherwise use or copy any user information, usage information or any other information, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party; (xi) transmit unsolicited or bulk communications to any Essilor account holder or to any Essilor affiliated e-mail address or engage in any chain letters, contests, junk e-mail pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise); (xii) violate the rights (including rights of privacy and publicity) of Essilor or any third party or abuse, defame, harass, stalk or threaten another; and/or (xiii) use any robot, spider, or other such programmatic or automatic device, including automated dial-in or inquiry devices, to obtain information from the Website or otherwise monitor or copy any portion of the Website.

We may take any action as We deem appropriate to address any breach or suspected breach of these Terms of Use, including suspending Your access to the Website, prohibiting You from accessing the Website, blocking computers using Your IP address from accessing the Website, contacting Your internet service provider to request that they block Your access to the Website and/or bringing court proceedings against You and to seek all remedies available under applicable laws and in equity for such violations.

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.

12. Indemnification

You agree to indemnify and hold Essilor, its affiliates, partners, attorneys, staff, and each of its and their respective directors, officers, employees, consultants, agents and suppliers harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) Your User Generated; (2) use of the Website; (3) any breach of these Terms of Use; (4) Your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act towards any other user of the Website with whom You connected via the Website. Notwithstanding the foregoing, We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate, at Your expense, with Our defense of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

13. General Provisions

(a) Jurisdiction: All matters relating to the Website including these Terms of Use are governed by the laws of Australia, and You agree to submit to the non-exclusive jurisdiction of the applicable local courts for settlement of any disputes.

(b) Severability: If for any reason, any provision herein is found void or unenforceable, it will be severed to the extent void or unenforceable and the remaining provisions will continue in full force and effect. Subheadings used in these Terms of Use are not to be used to construe or interpret the terms thereunder.

(c) No Waiver: Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

(d) Entire Agreement: Unless otherwise agreed by Us in writing after the date of these Terms of Use, these Terms of Use, and any other terms incorporated by reference hereto, constitute the entire agreement between you and Us and any of our affiliates, and govern Your use of the Website, its Contents, information and related services, superseding any prior agreement, whether oral or written. We reserve the right and the sole discretion to modify this Website, the Terms of Use, and any of the Content at any time by posting the revised version on this Website. You are encouraged to visit the Website from time to time to ensure that You are well informed of Our latest policies.

(e) Singular and Plural: Wherever appropriate, a singular term shall be construed to mean the plural where necessary, and a plural term the singular.

(f) Cookies: Our website uses cookies; by using Our Website You consent to Our use of cookies in accordance with the terms of Our Privacy Policy.

(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.