1.0 GENERAL
1.1 General
1.1.1 The website at www.odoptometry.com.au (Website) is owned by Oculus Dexter Optometry Pty Ltd (ABN 57 646 932 096) (‘OD’; ‘we’; ‘us’; or ‘our’). 
1.1.2 These terms and conditions apply to your use of this Website. In using this Website, you (‘you’, ‘your’, or ‘user’) agree to be are bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Website. 
1.1.3 Amendments to terms and conditions: We reserve the right to amend these terms and conditions from time to time at our discretion and without notice. The date of posting the amended terms and conditions on the Website will be the date that the new terms and conditions come into effect and apply to you. Your continued use of the Website, and purchase of goods and services from us after posting of the amended terms and conditions will indicate your acceptance of the amended terms. 
1.1.4 Websites owned by third parties: The Website contains hyper-links to other websites (‘linked websites’) that may be owned by third parties. Those links are provided for convenience only and may not remain current or be maintained. You accept that OD: 
1.1.4.1 has no control over, and is not responsible for, any material contained on any third-party website; and
1.1.4.2 are not responsible for the content or privacy practices associated with linked websites.

1.2 Licence
1.2.1 By accessing this Website, OD grants you a licence to view and download material in the Website for personal use only (Licence). 
1.2.2 In granting this Licence, you acknowledge and agree to not copying or translating material on this Website for commercial use, reproducing, adapting, varying or modifying any material in the Website without the express written consent of OD.
1.2.3 This Licence does not extend to third-party Websites.
1.3 Intellectual Property rights and ownership
1.3.1 The OD brand and all OD associated trade marks, whether registered or unregistered, are and will at all times remain the property of OD and are subject to copyright and other intellectual property rights under Australian law, international conventions and other laws. 
1.3.2 Except as expressly permitted by these terms and conditions, you undertake not to copy, publish or reproduce in whole or in part the OD Intellectual Property without the express written consent of OD.
1.3.3 Where OD has permission to use the trade mark of a third-party in our Website, these trade marks must not be copied for any purpose and OD is unable to provide permission for you to use those third party trade marks under any circumstances.

1.4 Warranties
1.4.1 OD does not warrant that the material in the Website, or linked websites, is accurate, complete or up to date.
1.4.2 OD reserves the right to change, add or remove any material in, or from the Website, without notice.
1.4.3 OD does not warrant that the functions contained in the Website or third-party websites, are free of viruses or other harmful components.
1.4.4 OD makes no warranty that goods or services acquired from us over the Website will meet your requirements. For example, OD make no warranty of merchantability or fitness for a particular purpose. 

1.5 Indemnity
1.5.1 You release and indemnify OD, our servants and agents against all actions, liabilities, damages, claims and demands (including the costs of defending or settling any action, claim or demand) which may be instituted against us arising out of a breach by you of these terms and conditions or arising as a result of your negligent or willful misconduct in connection with the provision of content pursuant to these terms and conditions. 

1.6 Disclaimer
1.6.1 We expressly disclaim any liability to the fullest extent permitted by law in relation to the consumer guarantees pursuant to the Australian Consumer Law (under Schedule 2 of the Competition and Consumer Act 2010 (Cth). Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or liability implied in these terms and conditions or protected by law to the extent that such exclusion, restriction or modification would render these terms and conditions or any provision of these terms and conditions void, illegal or unenforceable.
1.6.2 Pursuant to section 64A of the Australian Consumer Law (under Schedule 2 of the Competition and Consumer Act 2010 (Cth)):
1.6.2.1 this sub-clause applies in respect of any of the goods or services supplied under these terms and conditions which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this sub-clause will not apply if you establish that reliance on it would not be fair and reasonable;
1.6.2.2 Liability for breach of a guarantee conferred by the Australian Consumer Law (under Schedule 2 of the Competition and Consumer Act 2010 (Cth), other than those conferred by sections 51 to 53 of the Australian Consumer Law, is limited:
a) in the case of goods, to any one of the following as determined by us:
i) the replacement of the goods or the supply of equivalent goods; or
ii) the repair of the goods; or
iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
iv) the payment of the cost of having the goods repaired;
b) in the case of services, to any of the following as determined by us:
i) the supplying of the services again; or
ii) the payment of the cost of having the services supplied again.

1.7 You accept that OD:
1.7.1 do not accept responsibility for any loss or damage, howsoever caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Website. 
1.7.2 any condition, warranty, right or liability which would otherwise be implied in these terms and conditions or protected by law is excluded; and
1.7.3 to the extent permitted by law, all implied terms are excluded and OA do not accept liability to you in respect of any direct, special, indirect or consequential damages, losses, expenses or costs which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to or in any way connected with the Website, arising out of a breach of these terms and conditions, the supply of a defective program, or any error, omission or misrepresentation on our part to comply with our obligations as set out in these terms and conditions. 
1.7.4 You acknowledge OD:
1.7.4.1 does not accept responsibility for any error or omission relating to the material contained in the Website; and
1.7.4.2 makes no undertakings to provide access to the Website at any particular time, or for any particular time, and that OD will not be held liable for any lapse in the Website’s accessibility, or any consequences whatsoever that flow from the unavailability of the Website.

1.8 Security of information
1.8.1 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. 
1.8.2 You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk. We reserve the right to remove your username or similar identifier in respect of your account if appropriate. 
1.8.3 You acknowledge sole responsibility for and assume all risk arising from your use of the Website.

1.9 Termination of Website
1.9.1 Access to the Website may be terminated by us at any time and without notice. 

1.10 Anti-Spam Notice
1.10.1 Publication of electronic addresses on the Website is for the purpose of professional communication only and must not be used to infer consent by OD or the relevant addressees (as appropriate) to the receipt of unsolicited commercial electronic messages.
1.10.2 Unsolicited commercial electronic messages must not be sent unless it is a designated commercial electronic message defined at Schedule 1 of the Anti Spam Act 2003.

• Commercial electronic messages must include information about the individual or organisation who authorised the sending of the message.

• Commercial electronic messages must contain a functional unsubscribe facility.

• Address‑harvesting software must not be supplied, acquired or used.

• An electronic address list produced using address‑harvesting software must not be supplied, acquired or used.

1.11 Privacy 
1.11.1 OD is committed to protecting your privacy. We undertake to comply with the terms of our privacy policy which can be found on the Website. 

1.12 Governing Law
1.12.1 These terms and conditions are governed by and construed in accordance with the laws of Victoria, Australia.
1.12.2 All parties hereby submit to the jurisdiction of the Courts of Victoria, Australia. 

1.13 Interpretation
1.13.1 Headings are inserted for convenience only and do not affect the interpretation of these terms and conditions.
1.13.2 The singular includes the plural and vice versa.

2.0 TERMS OF SALE
2.1 General
2.1.1 These Terms of Sale apply to the purchase of:
2.1.1.1 OD branded items available for purchase and promoted on the Website such as those available, from time to time, via the online store (‘Online Store’);
2.1.1.2 Events organised and managed by OD;
2.1.1.3 OD subscriptions (‘Subscriptions’) (if available); and
2.1.1.4 any other products or services that OD may offer for sale on the Online Store.
2.1.2 Purchases made via the Website constitute acknowledgement and acceptance of these terms and conditions by you. 
2.1.3 OD receives revenue on all sales of items made via the Online Store. The revenue is applied to maintain the quality and diversity of our services.

2.2 Online Store
2.2.1 You may offer to purchase goods described on the Online Store for the price specified on the Online Store. 

2.2 Pricing
2.2.1 All prices of items are in Australian Dollars.
2.2.2 Where items are shipped from Australia, the price includes goods and
services tax as defined in A New Tax System (Goods and Services Tax) Act
1999 as amended from time to time or any replacement or other relevant
legislation and regulations (‘GST’). 
2.2.3 Where an item is shipped from outside of Australia the price of that item is exclusive of GST.

2.3 Online Orders from Australia or Overseas
2.3.1 Currently the Online Store only accepts online orders within Australia. Please email hello@odoptometry.com.au for any queries outside of Australia.

2.4 Product Availability
2.4.1 OD may, from time to time, offer products for sale via the Online Store (including but not limited to books or guides) that require postage. OD will determine at the time of offering such items for sale, whether postage is included or additional to the sale price. If applicable, the postage price will be clearly displayed on the Online Store at the time of purchase.
2.4.2 OD may, from time to time, offer soft copy items for sale via the Online Store. These items will be delivered to your nominated email address as soon as practicable after your purchase.

2.5 Returns, Refund and Cancellation Policy
2.5.1 In the event that we are unable to supply the items ordered, we will inform you of this as soon as practicable. In the event that this situation occurs, OD will at their election provide you with:
a) a full refund to the credit card originally used to make the purchase; or 
b) a credit note for the amount that you paid.
For the avoidance of doubt any refunds arising from these circumstances will include a refund of any postage paid (if applicable).
2.5.2 You may cancel all or part of your online order, provided that you contact us before you receive notification that the item or service has been shipped. Please contact the Online Store on hello@odoptometry.com.au. Please include the Online Store order number in any correspondence with us concerning your order.
2.5.3 We acknowledge that despite reasonable precautions, items may be listed at an incorrect price or with incorrect information due to typographical error or unintended oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of shipment of items to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a refund to your credit card account for the amount charged.

2.6 Remote Frame Styling
2.6.1 Your initial payment of $300 covers up to 5 in-home frames, with additional frames available at $60 a piece.
2.6.2 Payment is made online through our practice management system Halaxy and your credit card details will be held until the final transaction is made (link will be provided upon confirmation of appointment).
2.6.3 Your payment is a deposit, security, non-refundable and applied as a credit to your final purchase.
2.6.4 We loan you our frames for 7 days from delivery date. You have 7 days (plus 2 days grace for shipping) to return the frames to us. We provide a self-addressed express post bag.
2.6.5 Overdue frames will incur a restocking fee (10% of retail value per day). Damaged frames or missing accessories will be charged at retail value.
2.6.6 We are committed to finding you the right match. If you don't find frames you love we will revisit your requirements and commit to finding the right match ($50 postage + insurance charge applies).
2.6.7 The frame(s) which you choose to purchase must be paid for within 24 hours of your final selection. Frames will not be held until paid in full.

2.7 Discounts and Promotional Offers
2.7.1 Discounts may be discretionally offered by OD and its staff. Discounts cannot be used in conjunction with other vouchers or discounts.
2.7.2 Second/multiple pair discounts are applied to the item of lowest value.

2.8 Change of mind
2.8.1 We are not required to provide a refund if you change your mind. However, in accordance with Australian Consumer Laws, you may choose a refund or exchange if an item has a major problem. This is where the item:

• has a problem/manufacturing fault that would impact the usability of the product

• is unsafe

• is significantly different from the sample or description

• doesn’t perform its intended function or what was requested and cannot be fixed

If the problem is not major, we will repair the item within a reasonable time frame.