When you access or use this website at www.greenfieldsoptical.com.au (Website) you agree to be bound by these terms and conditions and any other directions or rules of use on this Website (Terms).
This Website is provided by Bupa Optical Pty Ltd (ABN 24 126 819 154) trading under the name ‘Greenfields Optical’ (“Bupa Optical”, “we”, “us” and “our”).
We reserve the right to change the Terms, the Website and any content available on or accessible from this Website (“Content”) at any time by posting changes online. You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access the Website after changes are posted, you are taken to have accepted all changes.
2. Liability limitation and indemnity
Use of this Website is at your risk. To the extent permitted by law, Bupa Optical, its affiliates and related bodies corporate (as defined by the Corporations Act 2001 (Cth)) do not make any express or implied representation or warranty about, and will not be liable (whether in contract, tort (including negligence) or otherwise), for any loss or damage (whether direct, indirect, special or consequential)suffered by you in connection with, your use of or access to this Website and its Content or any products or services (including our products or services) referred to on this Website.
This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- Your reliance on the completeness, accuracy, suitability, currency or availability of the Website or its Content.
- Failure to complete a transaction, booking or any loss arising from e-commerce or bookings transacted on the Website.
- Failure or delay of performance or in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
- Accessing any sites or servers maintained by other organisations (including Bupa Optical’s companies) through links on this Website. Links are provided for the convenience of our Website users only, without responsibility for the content or operation of those sites. Unless otherwise stated, we do not endorse linked sites and their products and services. You link to any site at your own risk.
- Defamatory, threatening, offensive or unlawful conduct of third parties.
- No advice given
The Content on this Website (including optical health information) is not designed or intended to serve as a substitute for advice from a qualified healthcare professional. Content provided on this Website is general in nature and does not take into account the specific optical issue, disease, complaint, problem or eyecare concern you may have.
If you require specific advice for your individual circumstances, consult a Bupa Optical specialist. Submit an enquiry or locate your local store online.
Where we mention specific products or services on this Website, we do so for informational purposes only. This does not constitute a recommendation made by Bupa Optical, unless expressly stated.
You agree that you will not seek to rely upon the Content on this Website as health advice to remedy, address or self-treat any problems or concerns you may have either for yourself or for any other person.
Bupa Optical not guarantee or warrant:
- the quality, accuracy, completeness, suitability, currency or availability of the Website and its Content;
- that the Website will meet your requirements.
This Website and its Content are provided on an “as is” and “as available” basis, with no representations or warranties of any kind, either express or implied (except those which cannot be lawfully excluded).
You assume total responsibility and risk for your use of and reliance upon this Website and its Content.
- Limitation of our liability (if any) to you
Our total liability to you (if any) arising out of or in connection with your access or use of the Website shall be limited, at our election, to:
- In the case of information or services supplied or offered by us for a fee – the re-supply of the information or services or payment of the cost of doing this. We accept no, and exclude all, liability for information or services supplied or offered by us for free; and
- In the case of goods supplied or offered by us for a fee – repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this. We accept no, and exclude all, liability for goods supplied or offered by us for free.
You indemnify us, our affiliates and our related bodies corporate from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by us as a direct or indirect consequence of you using this Website.
- Rights we cannot exclude, limit or disclaim
This disclaimer, liability limitation and indemnity does not exclude any rights which by law may not be excluded.
- Domicile of Website
The services provided by Bupa Optical are hosted via an Australian domiciled website and all private and confidential data is retained in Australia.
This Website may contain links to third party websites for your convenience, that are not owned or controlled by us (“External Web Sites”). We are not responsible for the content or operation of these External Web Sites or their privacy practices. Links to External Web Sites do not constitute or imply endorsement by Bupa Optical of the information they contain, or any products or services they reference. Your navigation to any linked website is at your own risk.
- Access, correction, and data integrity
Although we attempt to ensure the integrity and accurateness of the website, we make no guarantees as to its correctness or accuracy. It is possible that the Website could include typographical errors, inaccuracies, or other errors, and that unauthorised additions, deletions, and alterations could be made to the website by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected.
- Your server address;
- Your top level domain name;
- The date and time of access to the site;
- Pages accessed and documents downloaded;
- The previous site visited;
- The type of browser software in use.
Bupa Optical may us this information for various purposes including:
- Statistical purposes;
- To enable you to access online services;
- To determine whether you have previously used parts of the Website or to identify the pages you have accessed, but in each case, information collected cannot be used to personally identify you.
You can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. For examples, you can set your browser to notify you when you receive a cookie or to reject cookies. However, if you decide not to display cookies, then you may not be able to gain access to all the content and facilities of this website.
- Google Maps
- User conduct
- Lawful and authorised use only
You must use this Website for lawful purposes only, and for the purposes explicitly outlined and authorised on this Website, including to access and view Content, make a booking, and to submit enquiries or feedback to us.
- Prohibited Use
You must not (a) use this Website in a manner which, or (b) upload, post, transmit or otherwise make available through this Website any material which:
- violates or infringes the rights of others (including intellectual property or privacy rights);
- restricts or inhibits any other user from using or enjoying this Website;
- Is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
- breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code; or
- affects the functionality or operation of this Website or its servers or the functionality or operation of any user’s computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly).
- Intellectual Property Notices
- Copyright Notice
Copyright in the Content (including text, graphics, videos, images, audio clips, architecture, coding, design elements and interactive features) is owned or licenced by Bupa Optical. You may download or print hard copies of Content for your personal, private, non-commercial use. Otherwise, you may not reproduce, adapt, upload to a third party, publish or communicate any of this Content without our prior written consent (except as necessary for viewing the Content on your browser, or as permitted under the Copyright Act 1968 (Cth)).
Nothing that you do on or in relation to the Website and its Content will transfer any rights in same.
- Trade Mark Notice
“Greenfield’s Optical” (the word and the logo), “Bupa Optical” (the word and the logo) and any other trade marks associated with Bupa Optical are trade marks owned by Bupa Optical or its related bodies corporate. You may not use our trade marks without our written consent. Third party trade marks which feature on the Website are owned by the respective third party. The use of a third party trade mark on our Website does not indicate any association with, or endorsement by Bupa Optical, of that third party or its products/services.
- General terms
- Governing law
These Terms are governed by the law in force in Queensland, Australia. You agree that any disputes will be determined by the courts having jurisdiction in Queensland in accordance with laws in force in Queensland. You irrevocably and unconditionally submit to this jurisdiction.
- Unenforceable Terms
If any provision of the Terms is found by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the remaining Terms.
- Site or content may be unlawful outside Australia
We do not warrant that the Content of this Website complies with the laws of any country outside of Australia. If you access this Website from outside of Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us.
- No offers where illegality arises