IMPORTANT! PLEASE READ THIS LEGAL STATEMENT CAREFULLY BEFORE USING THIS SITE
Your use of this site and the information available on this site is subject to the following terms and conditions:
- Ownership - This site www.optiscan.com.au ("Website") is owned and operated by Optiscan Pty Ltd ("Optiscan").
- Acceptance of Terms and Conditions - Your access and use of the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as the "Terms and Conditions"). Your use of and/or continued access to the Website constitutes your agreement to the Terms and Conditions. Optiscan may amend the Terms and Conditions at any time by posting the amended terms and conditions on the Website. The amended terms and conditions will be effective immediately and you will be bound by the amended terms and conditions from that time. This agreement may not be amended otherwise. You should visit this page periodically to review the Terms and Conditions. If you violate any Terms and Conditions your right to use and access the Website automatically terminates.
- Restrictions on Use - The Website is available only for your personal, non-commercial use. Optiscan has the right to change or discontinue any feature of the Website including the Materials defined in clause 5, hours of availability and equipment required for access. You may not copy, reproduce, republish, frame, post, upload, distribute, transmit or modify in any way all or any part of the material contained on this Website, unless expressly provided for on the Website or expressly authorised in writing by Optiscan. Our Website is available only to, and may only be used by, individuals who can form legally binding contracts under their applicable law. Without limiting the foregoing, our services are not available to and may not be used by persons under 18 years of age. If you do not qualify, please do not use our services.
- Trademarks - All names, logos and trademarks are the property of Optiscan or the third parties who have contributed to the Website. Nothing on the Website should be interpreted as granting any rights to use or distribute any names, logos or trademarks, without the express written agreement of Optiscan or the relevant contributor. Nothing displayed on the Website should be construed as granting any licence or right to use any trademark without the express permission of Optiscan, or the relevant third party contributor.
- Copyright - The content of this Website, including all information such as text, graphics, images and other material ("Materials"), is protected by Australian and international copyright law. Unauthorised use of the Material may violate these laws.
- No Representations - Optiscan makes no representations about the accuracy, reliability, completeness or timeliness of the Material. The Material may contain inaccuracies or typographical errors. The use of the Website and the Material is at your own risk. Changes are periodically made to the Website and may be made at any time.
- No Warranties - The Website and Material are provided on an as is basis without any warranties of any kind. Optiscan, to the fullest extent permitted by law, disclaim all warranties. The Trade Practices Act 1974 (Cth) and all corresponding state legislation implies terms, conditions and warranties into some contracts for the supply of goods and services and prohibits the exclusion, restriction and modification of such terms ("Prescribed Terms"). Except as provided by the Prescribed Terms, all warranties express or implied by law in any way relating to access to, or non access to, the Website or the use of or reliance upon the Website or the Materials are excluded. In addition, Optiscan does not warrant that the Website will operate error free or that this Website and its servers are free of computer viruses and other harmful goods. If your use of the Website or the material results in the need for servicing or replacing equipment or data, Optiscan is not responsible for those costs.
- Limitation of Liability - Except as provided by the Prescribed Terms, Optiscan, its suppliers, or any third parties mentioned on the Website shall not be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages) resulting from the use or access of or inability to use and access the Website and the Material.
- Taxes - Certain taxes and government charges may be payable in relation to the use of our services. Optiscan has no responsibility for such taxes and other government charges on transactions on or in anyway connected with the Website.
- Internet Service Providers - If you are an internet service and/or access provider, which supplies the material to your subscriber, you must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of Optiscan or which is prohibited by the Terms and Conditions
- HyperLinks - The Website contains hyperLinks and other pointers to internet websites operated by third parties ("Linked Sites"). The Linked Sites are not under the control of Optiscan and Optiscan is not responsible for the contents of any Linked Site or any hyperlink contained in a Linked Site. The inclusion of any link does not imply any endorsement of the Linked Site by Optiscan. You link to any such Linked Site entirely at your own risk. The Website acts as a venue to link charities and customers with online retail stores. We are not involved in the actual transaction between you, the online retail store and charity. As a result, we exercise no control over the quality, safety or legality of the items advertised or sold and statements made through any Linked Sites. The Material on any Linked Site, including product information and prices, are the responsibility of the operator of the Linked Site. Any information contained on a Linked Site is subject to change without notice by the operator of that website. Optiscan is not liable for the prices or price changes, including where price changes have not been reflected on the relevant site. Any purchases or dealings you have with a Linked Site are done at your own risk. Optiscan is not a party to any transaction between you and a Linked Site. Your use of a Linked Site is subject to the terms and conditions of that site in addition to the Optiscan Terms and Conditions. If there is any inconsistency, to the extent of the inconsistency the Optiscan Terms and Conditions prevail.
- Advertisements - The Website contains third party advertisements which contain embedded hyperLinks or which include referral buttons to Websites operated by third parties or their licensees or contractors (Advertisers). Clause 11 also applies to sites operated by Advertisers. Any claims by Advertisers are not recommendations or endorsements by Optiscan.
- Disputes with Linked Sites and Advertisers - As we do not and cannot be involved in your interaction with Linked Sites and Advertisers, in the event that you have a dispute with one or more Linked Sites or Advertisers, to the extent permitted by law, Optiscan (and our agents and employees) is released from any claims, demands and damages (actual and consequential) of every kind and nature known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- Termination - The Terms and Conditions are effective until terminated by Optiscan. Optiscan may terminate this agreement and your access to the Website at any time without notice. ln the event of termination, you are no longer authorised to access the Website. All restrictions imposed on you, disclaimers and limitations of liability set out in the Terms and Conditions will survive termination.
- Governing Law - The Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.
- Miscellaneous - If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions which will continue in full force and effect. All rights not expressly granted are reserved. This agreement sets out the entire understanding and agreement between Optiscan and you with respect to the subject matter.