These terms and conditions are the contract between you and Jnr. Specs (“us”, “we”, etc.). By visiting or using Our Website www.jnrspecs.com, you agree to be bound by them.
I/ We are: Jnr. Specs, ABN 13941324552 and its related entities or body corporates
You are: Anyone who uses Our Website
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
We may amend the Terms of Use at our sole discretion and at any time.
Definitions
In this agreement:
"Business Day" Means a weekday other than Bank Holiday, public holidays, Saturdays and Sundays
"Carrier" Means any person or business contracted by us to carry Goods from us to you
"Claim" a claim, action, notice litigation, investigation, judgment, liability or demand made against the person concerned, involving a third
party or party to this agreement. It can be in present or future, actual or deferred , based in contract, tort or statute.
"Content" Means any content in any form published on The Site by us or any third party with our consent.
"Copyright Act" Copyright Act 1968.
"Frame" Jnr. Specs branded spectacle frames that you purchased from The Site.
"GST" Means goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
"Goods" Mean any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
"Lenses" Mean prescription or non-prescription lenses purchased on The Site.
"Loss" Means a prospective or contingent loss, expense, cost, liability whether financial or otherwise, including attorney’s fees.
"Post" Means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material including but not
limited to messages, ideas, suggestions, reviews and comments on to The Site and the phrases "Posted" and "Posting" shall be
interpreted accordingly.
"Price" Means the price for each Good listed on the Site.
"Privacy Policy" Means the privacy policy on The Site.
"Sale Contract" Means a binding legal agreement under which we sell you the Goods for the Price.
"Shipping, Means the shipping, warranty and return policy on The Site.
Warranty and
Return Policy"
"Terms of Use" Means the Terms of Use on The Site and includes Privacy Policy, Shipping and Return Policy and other policy stated on the Site.
“The Site” Means any website of ours, and includes all web pages, app, platform controlled by us under the name Jnr. Specs.
“Warranties” Mean any warranties, conditions, statements and promises whether expressed or implied.
“We, we, us, our” Means Jnr. Specs ABN 13941324552, its employees, directors, body corporates, suppliers and affiliates.
“ You, you, your” Means you and any user of The Site.
1. Interpretation
In this agreement unless the context otherwise requires:
1.1 a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or
other association or organisation.
1.2 these Terms of Use apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
1.3 any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same
thing.
1.4 the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
1.5 a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
1.6 in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party,
such cost calculated $50 per hour.
1.7 these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor
to the Site.
1.8 this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and
any version or translation of this agreement in any other language, the English language version shall prevail.
2. Our contract with you
2.1 This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties,
which may have been communicated electronically, orally or in writing.
2.2 Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other
term not forming part of this agreement.
2.3 If you use The Site in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept
personal responsibility for every act or omission by you.
2.4 Because we rely on our suppliers, we do not guarantee that Goods advertised on The Site are available. We may change these terms from time to time.
The terms that apply to you are those posted here on the Site on the day you order Goods.
2.5 The Price of Goods may be changed by us at any time. We will never change a Price so as to affect the price charged to you at the time when you buy
those Goods.
2.6 If in future, you buy Goods from us under any arrangement which does not involve your payment via the Site; these terms still apply so far as they can
be applied.
2.7 We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
3. Acceptance of your order
3.1 Your order is an offer to buy from us. We shall accept your order by e-mail confirmation. That is when a Sale Contract is made. At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.
3.2 We reserve the right to decline to supply the Goods if:
3.2.1 the Goods are no longer available
3.2.2 the payment is declined or details of the payment cannot be verified
3.2.3 delivery to the specified address was not possible
3.2.4 duplicate order of a product was placed.
3.3 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
3.3.1 accept the alternatives we offer;
3.3.2 cancel all or part of your order.
3.4 You will not be charged if the Goods cannot be provided to you.
3.5 You indemnify us against any Claim or Loss resulting from your cancellation of the order, howsoever caused.
3.6 We do not accept cancelation of any order of Goods once a Sale Contract has been created unless:
3.6.1 you email info@jnrspecs.com within 60 minutes of receiving an order confirmation email from us,
3.6.2 the Goods or part of the Goods you order is out of stock.
3.7 Upon cancellation, any Price paid in advance for the Goods will be refunded via your original payment method.
3.8 We will process Goods order as per the prescription specified by you in the order. The thickness of lenses will vary based on prescription and type of lens selected by you. As such, we provide you with information about the lens index to help you choose the best lens for your order. Should the thickness of the lenses be less than ideal, we will endeavour to notify you and offer you an alternative option, which may incur additional charges. We will not be held liable if the lenses that are supplied to you does not match your expectations.
3.9 To the extent permitted by law, Jnr. Specs may at its discretion modify the order without notice to you:
3.9.1 to optimise the cosmesis of the Goods without degrading its intended purpose.
3.9.2 if the prescription falls outside the range for the chosen lens index or the chosen lens index
3.10 If any modification to the order incurs additional charges, Jnr. Specs will contact you directly to discuss a more suitable option. If you agree in writing to an upgrade in the Product, you authorise Jnr. Specs to charge your credit card the additional charges.
3.11 Goods ordered under once invoice must belong to one person in order for you to use that tax invoice to claim the benefit payable to that person. By purchasing two frames under the same order or invoice you are agreeing that the Goods belong to the same person and understands that claiming optical extras benefit on your health insurance under one name for Goods which belong to two or more persons may violate your health fund rules. You indemnify us of all liability for any false information that you provide in relation to health fund claims.
4. Price and payment
4.1 The Price payable for the Goods that you order is clearly set out in The Site, or if ordered via email, advised to you via email.
4.2 Prices are in Australia dollar and include GST
4.3 If the Goods you order is available in parts, you must pay us the full price of your order before we will send any part of it.
4.4 The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on the Shipping, Warranty and Return Policy.
4.5 Specs reserves the right to change the price of Goods on The Site at anytime and from time to time without notice.
4.6 Any promotional coupon codes must be used at check-out and cannot be applied after the transaction has been completed.
4.7 For certain campaigns or promotions, these Terms of Use may be supplemented with additional terms and conditions particular to that promotion. By participating in such a campaign or promotion you agree to the relevant terms and conditions applicable to that campaign or promotion. In case of any inconsistency between such terms and conditions and these Terms of Use, those terms and conditions will prevail.
4.8 Accepted payment methods are available upon check-out.
4.9 By submitting your order you warrant that you are authorised to use the chosen payment method and that you authorise Jnr. Specs to charge the Price on the Sale Contract to the chosen payment method.
4.10 If authorisation is declined or verification of the selected payment method invalid we reserve the right to suspend or cancel your order and will not be held liable for non- delivery of any ordered Goods.
4.11 You also authorise Jnr. Specs to charge any and all costs that you owe us, including but not limited to any legal fees and debt collection charges, bank merchant fees and any other fees which we incur as a result of any issues with the selected payment method. You also agree that all such charges must be paid to us on demand.
4.12 If the Home Try-On kit is not returned to Jnr. Specs within seven days of you receiving the kit, Jnr. Specs will charge you $149.00 per un-returned or damaged frame. The charged fee will be refunded should Jnr. Specs receive the frame within 14 days of placing the Home Try-On order.
4.13 By submitting your Home Try-On order, you authorize Jnr. Specs to charge your credit card for the full retail price of each frame if not returned or damaged.
5. Security of your credit card
We take care to make The Site safe for you to use.
5.1 Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
5.2 If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
6. Delivery
6.1 Shipping fees and estimated delivery times will be in accordance with our Shipping, Warranty and Return Policy. Goods are delivered approximately within five to ten working days from the day you place an order to purchase the Goods. Delivery times quoted to you are indicative only and may change depending on the complexity of the prescription.
6.2 Deliveries will be made by the Carrier to the address stipulated in your order only after payment has been received. You must ensure that the address on the order is correct and current. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
6.3 We reserve the right to deliver the Goods by any route or Carriers.
6.4 If we are not able to deliver your Goods within fourteen working days of the date of your order, we shall notify you by e-mail.
6.5 If for any reason at all (not due to the our fault) you do not accept delivery of any of the goods then we may charge you an additional fee to cover any reasonable additional direct costs incurred by us as a result (including additional insurance, delivery, storage or similar charges).
6.6 You shall indemnify us of any Claims or Loss due to delays caused by any third party.
6.7 We may deliver the Goods in instalments if they are not all available at the same time for delivery.
6.8 When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged or missing in transit, you must refuse the delivery and immediately contact us. You will be deemed to have accepted the Goods and waived the right to make any claim unless you notify us in writing within three days of receiving the Goods.
6.9 By submitting an order, you agree to bear the risk of damage to the Goods howsoever caused incurred in the course of delivery. You agree to indemnify us from any and all Claims and Loss for Goods lost or damaged in transit through whatever cause, including negligence, and any caused by the Carrier even where such carrier has been engaged by us.
6.10 We retain the legal ownership of Goods until the latter of the dispatch of Goods to you or when full payment of the Goods is received by us. The legal ownership of the Goods will immediately revert to us if we refund any such payment to you.
6.12 Signing "Unchecked", "Not Checked" or similar is not acceptable.
6.13 You agree that our delivery notes will be deemed to be proof of delivery to you of the Goods described in the delivery note. In the event of a dispute as to the number of Goods sold and delivered and their value, the onus will be upon you to prove that the Goods were not delivered and/or there was a mismatch between the quantity and price with out invoices.
7. Foreign taxes and duties
7.1. If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.
7.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
8. Liability for subsequent defects and Warranties
8.1 All defects and warranties will be treated in accordance with our Shipping, Warranty and Returns Policy.
8.2 We will not be liable for any damage caused to the Goods by the customer once they have been delivered. You indemnify us from any Claims and Loss resulting from damage to the Goods at any time after delivery.
8.3 Our Frame carry a 12 month warranty against manufacturing defects in the material or workmanship such as broken hinges or warping (commencing on the date of delivery to you).
8.4 Our Frame Warranty does not cover colour fading, peeling of any part of the Frame or any damage caused by accidents, negligence, misuse, and improper care of the Frame.
8.5 Our Lenses carry a 12 month warranty against manufacturing defects in the material or workmanship such as defect on the surface coating and not in the lens itself (commencing on the date of delivery to you). An example of a manufacturer defect is crazing of the anti-reflective coating.
8.6 Our Lens Warranty does not cover any damage caused by accidents, scratches, negligence, tampering, normal wear and tear and or improper care of the Lens.
8.7 We do not provide any warranty on cleaning cloths, lens cleaners, or spectacle lens cases that are provided by us.
8.8 Our scratch resistant coating does not mean the lens is scratch proof or anti-scratch.
8.9 You must take reasonable steps to store, maintain and clean Goods purchased on The Site in accordance with any instructions provided. We are not liable for any damage to Goods caused by your failure to properly follow the instructions provided.
8.10 We reserve the right to approve or disapprove warranty upon receiving the returned Goods , and may choose at our sole discretion whether to repair, replace or refund the defective Goods after receiving the returned Goods from you. If we approve the warranty, we make no promise to deliver the warranty at a given timeframe.
8.11 Upon approval of the warranty by us and in the instance where the same Frame is no longer in stock or available, an alternative colour in the same range will be offered that can fit the existing lenses.
8.12 Upon approval of the warranty by us and in the instance where none of the same frame are no longer in stock in any colour, we will replace with a new frame model with new lenses included. No change of Frame model is allowed in any instance except with our written approval at our sole discretion.
8.13 Orders placed with your own frame or lenses provided by you will be taken solely at your risk. We will not be liable for any loss or breakage during fitting and will not be responsible for replacement frame or lens or for a refund. This condition applies for example in the instance where you send us a Jnr. Specs frame that you had purchased , at any prior point in time, for us to fit new lenses into, and vice versa.
8.14 If we repair or replace the Goods, you have no additional Claim against us either under this agreement or by statute or common law, in respect of the defect.
8.15 We require you to provide us with a valid and current spectacle prescription ,provided to you by a registered medical practitioner, when submitting an order.
8.16 We will not be liable for any damage or loss that may be caused by the use of the Goods purchased from The Site, including but not limited to, any injury and/or damage in relation to the prescription you provided. You indemnify us from any Claims or Loss that may be caused by the use of the Goods purchased from The Site.
9. Goods returned
Return of Goods will be strictly in accordance with our Shipping, Warranty and Returns Policy. These provisions apply in the event that you return any Goods to us for any reason:
9.1 We accept returns within 14 days of delivery provided The Goods are in its original condition with tags attached, you have notified us via email to info@jnrspecs.com and we have agreed in correspondence that you may return them.
9.2 The Goods must be returned to us as no later that 7 days from the date we approve of the return.
9.3 So far as possible, Goods should be returned:
9.3.1 with both Goods and all packaging as far as possible in their original condition;
9.3.2 securely wrapped;
9.3.3 including our return authority number
9.4 If we agree that you may return the Goods, you will return the Goods at your own cost and risks.
9.5 No returns or refunds will be given on prescription lenses or prescription sunglass lenses.
9.6 You are responsible for the cost of returning The Goods to us.
9.7 You are responsible to track The Goods returned to us and no refunds will be given should we not receive The Goods you have returned.
10. Your account with us
10.1 You agree to use The Site for personal use only and in doing so must strictly comply with any policy displayed on The Site and must not breach any Australian and International law when using The Site.
10.2 When you visit or use The Site to purchase Goods, and communicate with us through The Site, you must be at least 18 years old or be accompanied by a legal guardian if under 18 years old.
10.3 When you communicate with us electronically through The Site or via e-mails, you consent to receive communications from us electronically whether by e-mail or by posting notices on The Site.
10.4 We require you to register your personal information before making a purchase of Goods through The Site. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. The personal information you provide to us will be handled in accordance with our Privacy Policy.
10.5 If you use The Site, you are solely responsible for maintaining the confidentiality of your account and password(s) and for preventing any unauthorised person from using your account. Except for a legal guardian when making a purchase on The Site for their minor, you must not permit any other person or entity to access The Site on your behalf.
10.6 You agree to accept responsibility for all activities that occur under your account or password. You will be legally responsible for, and indemnify us from, all actions taken by anyone accessing the Site with your user name and password.
10.7 You will be liable for any Claim or Loss arising from both authorised and any unauthorised use of The Site, servers and/or any and all personal and/or financial information stored therein,under your account.
10.8 You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
10.9 We are not responsible for any errors or delays in responding to any inquiry or requests caused by any incorrect or outdated information provided by you or any technical problems beyond our control.
10.10 We reserve the right, without notice and liability, and in our sole discretion, and for any reason or no reason, to terminate your current and future license to use The Site. Upon termination, these Terms of Use will still apply.
10.11 In the event that we terminate The Site or your license to use The Site, you indemnify us from all Loss and Claims suffered by you as result of such termination.
11. Restrictions on what you may Post to Our Website
You agree that you will not use or allow anyone else to use The Site to Post Content which is or may:
11.1 be malicious or defamatory;
11.2 consist in commercial audio, video or music files;
11.3 be illegal, obscene, offensive, threatening or violent;
11.4 be sexually explicit or pornographic;
11.5 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
11.6 give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
11.7 solicit passwords or personal information from anyone;
11.8 be used to sell any goods or services or for any other commercial use;
11.9 include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
11.10 link to any of the material specified above, in this paragraph;
11.11 send age-inappropriate communications or Content to anyone under the age of 18.
12. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
12.1 hyperlinks, other than those specifically authorised by us;
12.2 keywords or words repeated, which are irrelevant to the Content Posted;
12.3 the name, logo or trademark of any organisation other than yours;
12.4 inaccurate, false, or misleading information.
13. How we handle your Content
13.1 Our privacy policy is strong and precise. It complies fully with current privacy law and can be found on the Privacy Policy found on The Site.
13.2 If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
13.3 Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
13.4 Any Posting by you will become our sole and exclusive property upon submission. We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Posting that you place on The Site, in public domains and in any medium, for the purpose of, and including but not limited to, promotional and advertising without compensation of any kind to you. You represent and warrant that you are authorised to grant all such rights.
13.5 You agree to any act or omission which may otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
13.6 Other than that stated in our Privacy Policy, any Posting to the Site by you will be treated as non-confidential and non-proprietary. You accept all risk and responsibility by Posting on The Site. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
13.7 You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
13.8 Please notify us of any security breach or unauthorised use of your account.
13.9 To the extent permitted by law, you agree to indemnify us from and against any Claims and Loss arising from your use of the site, including without limitation, any Posting by you, submitted to or transmitted via The Site.
14. Removal of offensive Content
14.1 For the avoidance of doubt, this paragraph is addressed to any person who comes on The Site for any purpose.
14.2 We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
14.3 We reserve the right to review, delete and modify Posting in our sole discretion, at any time and from time to time, without notice or further obligation to you, including, but not limited to offensive materials and materials that appear to infringe upon the intellectual property rights of others.
14.4 We are under no obligation to display or post any content submitted or transmitted by you.
14.5 You irrevocably grant us a license to publish or disclose any Posting made by you and all ensuing correspondence and communication, without limit for the purpose of law, dispute resolution and request by government.
14.6 In respect of any complaint made by you or any person on your behalf, you now irrevocably grant to us a licence to publish or disclose the complaint and all ensuing correspondence and communication, without limit.
14.7 You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
15. Security of Our Website
If you violate The Site we shall take legal action against you.
You now agree that you will not, and will not allow any other person, or use automated or manual software to:
15.1 Aggregate, modify, copy, download, reproduce, distribute, publish, alter, display, post, transmit, reverse engineer, translate, decompile, disassemble or cause damage or unintended effect to any portion of The Site, including Content and the underlying HTML or other codes, or any software used within it, without obtaining our prior written consent.
15.2 link to The Site in any way that would cause the appearance or presentation of The Site to be different from what would be seen by a user who accessed The Site by typing the URL into a standard browser;
15.3 collect or use any product listings, descriptions, or prices;
15.4 collect or use any information obtained from or about The Site or the Content except as intended by this agreement;
15.5 share with a third party any login credentials to The Site.
15.6 resell or make any commercial use of the Site or any of The Site’s Content.
15.7 Despite the above terms, we now grant a licence to you to:
15.7.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, defamatory or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
15.8 Any third party websites linked on The Site are responsible for their own content, reliability and are governed by their own independent terms and conditions and privacy policies. You acknowledge and agree that accessing those third party websites through The Site is done at your own risk and that we are not liable for any damage, Claims and Loss suffered by you or anyone else by accessing these third party websites through The Site.
16. Disclaimers
16.1 The law differs from one country to another. This paragraph applies so far as the applicable law allows.
16.2 All the conditions, warranties or other terms implied by the law of any county other than Australia are excluded from this agreement to the extent permitted by law.
16.3 We or our Content suppliers may make improvements or changes to The Site, the Content, or to any of the Goods, at any time and without advance notice.
16.4 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
16.5 The Contents on The Site, including text, graphics, photos and links are for illustrative purposes only and may not exactly match the goods supply to you.
16.6 To the extent permitted by law, we give no warranty and make no representation, express or implied, as to:
16.6.1 the accuracy, reliability, currency, preciseness of Content on the Site.
16.6.2 the quality of the Goods;
16.6.3 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
16.6.4 the correspondence of the Goods with any description;
16.6.5 the adequacy or appropriateness of the Goods for your purpose;
16.6.6 non-infringement of any right.
16.7 Content, information, advice in relation to Goods or anything else on The Site is of general nature only. You acknowledge and accept that you must not use Goods in a manner inconsistent with any displayed instructions, your use of Goods purchased from us is solely at your own risk and you should always seek specific and independent medical advice from the relevant medical practitioner including without limitation from an optometrist or ophthalmologist.
16.8 To the maximum extent permitted by law, our liability under this contract is limited to:
16.8.1 The repair or replacement of the Goods with ideantical of equivalent goods.
16.8.2 The payment of the cost of repairing, or replacing the Goods with identical or equivalent goods.
16.9 To the maximum extent permitted by law, the following conditions apply to our liability under the Terms of Use:
16.9.1 our maximum total liability is capped to the total payment of any Goods you have purchased from us in the last 12 months.
16.9.2 You exclude us of all liability if you are aware of the liability but have not commenced a Claim within three months.
16.9.3 Our liability is subject to your duty to mitigate your loss.
16.10 We are not liable in any circumstances for special, indirect or consequential Loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence, anticipated savings or otherwise, arising out of or in connection with your use of The Site or the purchase of Goods.
16.11 We are not liable in any circumstances for special, indirect or consequential Loss or any damages whatsoever resulting from any errors or inaccuracies, omissions in any Content contained on The Site, interruption or cessation of transmission to or from The Site, any viruses, trojan horses or the like that may be transmitted to or through The Site by any third party.
16.12 We reserve the right to refuse to sell or supply Goods to any person, for any reason or for no reason.
17. Indemnity
17.1 To the maximum extent permitted by law, you agree to indemnify us (Jnr. Specs and its officers, shareholders, agents, employees, affiliates, sponsors, consultants, suppliers and other third-party partners) against all Costs, Claims and expense arising directly or indirectly from:
17.1.1 your failure to comply with the law of any country;
17.1.2 your breach of this agreement;
17.1.3 any act, neglect or default by any agent, employee, licensee or customer of yours;
17.1.4 a contractual claim arising from your use of the Goods;
17.1.5 a breach of the intellectual property rights of any person.
17.1.6 A prescription provided by you, including expired or incorrect prescription
17.1.7 Any damage to person, property, personal injury or death or defect in the Goods, or the use, repair, or storage of the Goods
17.1.8 Cancellation of an order for any reason
17.1.9 Your breach of these Terms of Use, Sale Contract or any applicable law
17.2 We may terminate these Terms of Use or any Sale Contract in our sole discretion, at any time and by writing if you are deemed to breach them without releasing you from any of your obligations and liabilities incurred after or prior to the date of such termination.
17.3 We will not be liable for any failure to deliver or comply with a Sale Contract due to any and all direct or indirect circumstances which are beyond our reasonable control including but not limited to:
17.3.1 strikes and lock-outs
17.3.2 any circumstances without limits, which affect our suppliers and consequently our supply of Goods .
If such circumstances occur, we reserve the right to delay, suspend or cancel the delivery of Goods, and issue a credit or refund any moneys
paid in advance, at our sole discretion. Upon credit and a refund, we are not liable for any further claims on the Goods.
17.4 You hereby irrevocably appoint us as your attorney and agent to do all acts and deeds and sign all documents in your name so as to enable us to exercise our rights under these Terms of Use or any Sale Contract.
17.5 The terms set out in this Terms of Use are not waived in the instance we allow concession or indulgence to you.
17.6 Any waiver of any term on these Terms of Use by us can only be done in writing.
18. Intellectual Property
18.1 Unless otherwise noted, we are the sole owners of all intellectual property on The Site and the Site’s Content (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software). The Site and The Site’s Content are protected by Austraoian and international copyright and trademark laws.
18.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
18.3 All trademarks, service marks, patents, trade names that appear on the Site are proprietary to Jnr. Specs.
18.4 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
19. Miscellaneous matters
19.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
19.2 Where we provide Goods without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those Goods.
19.3 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
19.4 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
19.5 Any communication to be served on either party by the other shall be delivered by hand or sent by express post or by e-mail.
It shall be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- if sent by post to the correct address: within 72 hours of posting;
- if sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been
received by the sender.
- Unless they are received after 5 PM or not on a Business Day, in which case they are deemed to be received on the next Business Day.
19.6 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
19.7 So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
19.8 We shall not be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond our reasonable control.
19.9 In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
19.10 The validity, construction and performance of this agreement shall be governed by the laws of the State of NSW and you agree that any dispute arising from it shall be litigated only in that State.
