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By using this site, you agree to accept and comply with these terms of use. HCF EYECARE reserves the right, at HCF EYECARE's complete discretion, to change, modify, add, or remove portions of these terms at any time. HCF EYECARE authorises you to print, copy, re-produce and download materials on the site, 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 HCF EYECARE. If you download material (including software) from the site, 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 HCF EYECARE. You are expressly prohibited from selling, distributing, recompiling, reverse engineering or otherwise dealing with the software in a like manner. Printing, copying, downloading, reproduction or distribution of material from the Site for commercial use is expressly prohibited without HCF EYECARE's prior written consent. Hyperlinking and in particular but without limitation deep linking is expressly prohibited without HCF EYECARE's prior written consent. You are expressly prohibited from uploading to, distributing through, or otherwise publishing through the site any inappropriate communication in any form (including, but not limited to, text, images, video and/or sound). Inappropriate communications include (but are not limited to) obscene, harassing, pornographic, abusive, slanderous, defamatory, vulgar, threatening and/or offensive material. HCF EYECARE may decide at its complete discretion what is an "inappropriate communication". The site has been prepared from information believed to be accurate and reliable at the time it was sourced. HCF EYECARE will use reasonable efforts to update the site regularly, however HCF EYECARE makes no representation as to the accuracy, currency or completeness of any information at the site. You should not rely on any of the information or services provided on the site. All information and services on the site are provided on an "as is" basis,without any express or implied warranty and you agree that you use the information and/or services at your own risk. One of the services that the site provides is access to other sites on the internet via hyperlinks located on the site ("Linked Sites"). While HCF EYECARE has used reasonable endeavours to review the Linked Sites, HCF EYECARE is not responsible for the accuracy, legality, and decency of material or copyright compliance of linked sites. The materials in this site are provided "as is" and without warranties of any kind either expressed or implied to the fullest extent permissible pursuant to applicable law. HCF disclaims all warranties, expressed or implied,including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. HCF EYECARE makes no claim or representation as to the accuracy of the content contained in the Site. HCF EYECARE does not accept liability to any person for the information or advice provided on the Site or incorporated into it by reference. HCF EYECARE does not accept any liability for loss or damages incurred by any person as a result of reliance upon the content of the site or any other information incorporated by reference. HCF EYECARE makes no claim or representation as to the accuracy or any other aspect of the information contained on servers linked to the site via hyperlinks from the site. This information is provided on the basis that all persons accessing the Website undertake the responsibility for assessing the accuracy of its content and that they rely on it entirely at their own risk. HCF EYECARE 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 this agreement or negligence of HCF EYECARE or its representatives. HCF EYECARE does not exclude any rights and remedies available to you in terms of the Trade Practices Act (Cth) or any similar State or Territory legislation in relation to the provision by HCF EYECARE of any goods or services via the website which cannot be excluded, restricted or modified. However, we exclude all other conditions and warranties which may be implied by law. In the event that these terms and conditions or this Website or any part of it constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act,1974 or any equivalent statute or territory legislation as amended ('the Act'),nothing contained in these terms and conditions or this Website or any part of it restricts or modifies in relation to any of these and/or the goods or services to be supplied in connection with these terms and conditions or this Website or any part of it, any condition, warranty, right or remedy which pursuant to the Act,applies to these terms and conditions or this Website or any part of it, or is conferred on You, provided that to the extent that the Act permits HCF EYECARE to limit its liability for breach of condition or warranty implied by the Act, then HCF EYECARE's liability for such breach including any consequential loss which You may sustain or incur shall be limited to: (a) In the case of goods, any one or more of the following acts as determined by HCF EYECARE: - The replacement of the goods or the supply of equivalent goods; or
- The repair of the goods; or
- The payment of the cost of replacing the goods or acquiring equivalent goods; or
- The payment of the cost of having the goods repaired
(b) In the case of services any cost of the following as determined by HCF EYECARE: - The supplying of the services again; or
- The payment of the cost of having the services supplied again
Individual advertisers are solely responsible for the content of any advertising material that is submitted to HCF EYECARE and published on the Website, including ensuring that it complies with relevant legislation. HCF EYECARE accepts no responsibility for the content of any advertising material published on this Website and the display of such advertising does not in any way imply a recommendation or endorsement by HCF EYECARE of the relevant advertiser, its products or services. This Website provides visitors with the option to purchase our products online. Products displayed on the Website's shopping areas can be purchased using our secure online American Express, Master Card, Visa and Diners Club transaction facility. To ensure that your credit card or personal details are kept secure in transit over the internet, we use a 128 bit encrypted SSL Web Server Certificate to encrypt data going to and from the Website. SSL works by providing a secure link between your browser and scrambling any information you provide to us to ensure it is kept secure. However, while HCF EYECARE uses its best endeavours to protect all such information at all times, we cannot be responsible for any unauthorised access to the information. All prices quoted in the Website's shopping areas are in Australian Dollars (A$) and include GST. All prices are correct at the time of publication however we reserve the right to alter prices for any reason. Prices on the website and in our stores may differ and prices on the website apply only to goods purchased online. If you are an HCF member you may be able to benefit from HCF's 'No Gap' options. Any order you make online will be processed within two (2) working days and sent via express post for delivery throughout most of Australia. In the rare case that we do not have stock immediately available, we will email you of an adjusted delivery time (usually 3-4 days). Australian deliveries cost $7.50 for postage and handling. Once you have made your order by submitting the order form information by clicking the 'submit' button, orders cannot be cancelled. If, however you place an order and receive goods that are defective or not of merchantable quality, we will gladly arrange for the item you have ordered to be replaced with a non defective item as soon as reasonably possible after we receive your complaint. This agreement is construed according to and is governed by the laws of NSW, Australia. The parties submit to the exclusive jurisdiction of the courts in and of NSW in relation to any matters arising under this agreement or in relation to the site. This agreement is effective from your first use of the Site until terminated by either party. You may only terminate this agreement by unsubscribing to all services provided by the Site and destroying all materials obtained from the Site, 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 HCF EYECARE, if, in HCF EYECARE's sole discretion, you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from the Site and unsubscribe to all services provided by the site. The HCF Privacy Policy forms part of the terms and conditions of the HCF website. |
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