Terms of Use


    General

  1. These terms of use apply to the use of this Website.
  2. By using this Website you represent and warrant that you have read, understood and agreed to be bound by these terms of use.
  3. To the maximum extent permitted by law (and except where expressly set out otherwise) we make no representations or warranties of any kind whatsoever, express or implied, in relation to any information, content, materials or products included in this Website or to the availability, functionality or performance of the Website.
  4. In these terms of use:
    1. “OPSM”, “us”, “we”, and “our” means OPSM, which in Australia is the trading name of Luxottica Retail Australia Pty Limited (ACN: 000 025 758) and in New Zealand is the trading name of Luxottica Retail New Zealand Limited (Company Number 636829).
    2. “website” means OPSM’s website (www.opsm.com.au in Australia and www.opsm.co.nz in New Zealand).
    3. “you” and “your” refers to anyone who visits and/or uses this Website.

    Contact

  5. If you have any questions regarding these terms of use, please contact us at:

  6. Email: customer.care@luxottica.com.au

    The information you provide

  7. We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information.  You can access the OPSM Privacy Policy here.
  8. We undertake to deal with any of your personal information that we collect as a consequence of your use of the website in accordance with, and to otherwise comply with, the terms of the OPSM Privacy Policy.

  9. Reliance and use

  10. Except for any liability that cannot be excluded by law, we (including our directors, officers, employees and agents) exclude all liability (without limitation, whether for breach of these terms of use or another contract, tort (including negligence), statute, in equity or otherwise at common law or on any other basis), for any liability, personal injury, loss or damage (including loss of opportunity) of any kind whatsoever howsoever occurring, whether direct, indirect, special or consequential, arising in any way out of these terms of use, the use of this Website and/or any information or material accessible from it.
  11. All information provided by us on this Website or in respect of any products is provided for use as general information and is not in the nature of advice.  You should make your own independent inquiries and assessments with respect to any information you obtain from this Website.
  12. To the maximum extent permitted by law, we do not make any representations or warranties with respect to this Website, including, without limitation:
    1. That any information on this Website is adequate, reliable, up-to-date, accurate, complete or suitable for any particular purpose
    2. With respect to the availability, functionality or performance of this Website; and
    3. With respect to the non-infringement of any third party intellectual property rights.
  13. We are not liable for any direct loss, indirect loss or consequential loss resulting from any action taken or reliance made by you on any information, content or material on this Website or your use of this Website.
  14. Your use of any materials or information provided on this Website is entirely at your own risk.  We assume no duty of care to you with respect to this Website.

  15. Indemnity

  16. You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms of use or the use of this Website, any information that you provide via this Website or any damage that you may cause to this Website.

  17. Copyright

  18. Images of people, places and/or products posted on this Website are either the property of OPSM or are used herein with the express permission of OPSM.
  19. Unless otherwise noted, all content included on this Website, including images, illustrations, designs, icons, photographs, video clips, written material and other materials, is the property of OPSM or its suppliers, partners, or affiliates and is protected by Australian and international copyright laws.
  20. The compilation of this Website is the exclusive property of the Company and is protected by Australian and international copyright laws.
  21. Any unauthorised use of any content or materials on this Website is strictly prohibited and may violate copyright and trademark laws and/or the laws of privacy, publicity, and/or communications regulations and statutes.
  22. Any use of the materials or content on this Website can be made only with the prior written and express authorisation of OPSM.
  23. For further information on how you may obtain the authorisation to use any materials or content on this Website, please contact OPSM by using the contact details provided in clause 5 of these terms of use.  Please note that OPSM reserves all of its rights in this regard.

  24. Trademarks

  25. All trademarks, trade dress and service marks and their respective designs and/or logos on this Website are trademarks or registered trademarks of OPSM or its related companies.
  26. The trademarks, trade dress and service marks of OPSM and its related company may not be copied, imitated or used, in whole or in part, without prior written permission.
  27. All page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of OPSM, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of OPSM.
  28. All other trademarks, registered trademarks, product names and company names or logos used on this Website are the property of their respective owners.
  29. You may not use any trademarks, trade dress, service marks or intellectual property of OPSM or its related companies, nor may you place any meta tags or any other "hidden text" utilizing the name of OPSM or its related companies, trademarks, or product names without our express written consent.

  30. License and Site Access

  31. We grant you a limited license to make personal use only of this Website. Such grant does not include, without limitation:
    1. any resale or commercial use of this Website or any of the contents of this Website
    2. modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the contents of this Website not intended to be so read, including use of or directly viewing the underlying HTML or other code from this website except as interpreted and displayed in a web browser;
    3. copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the contents of this Website (including any trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise;
    4. the collection and use of any product listings or descriptions;
    5. making derivative uses of the Website and any of the contents of the Website; or
    6. use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of this Website or to collect any information from this Website or any other user of this Website.

    System Security

  32. You must not and you must not permit any other person to:
    1. violate or attempt to violate any aspect of the security of the Website
    2. modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Website, or any software used on the Website.
  33. You understand that any such violation is unlawful in many jurisdictions and that contravention of law may result in criminal prosecution. Examples of violations include
    1. accessing data unlawfully or without consent;
    2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
    3. attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;
    4. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

    Hyperlinks

  34. Linking to our Website is prohibited.
  35. Links on our Website may direct you to third party Websites, which are subject to their own terms and conditions.  Your use of those websites is solely at your own risk and expense.  We accept no responsibility and make no claims, representations or warranties with regards to the use, quality, content, nature or reliability of third party websites.

  36. Children

  37. This Website is designed for and intended for use by adults.  If you are under 18, you may use this Website only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this website by children, minors and others under your care. You agree to be responsible for their use of this website.

  38. Change of terms and termination

  39. These terms of use may be amended by us at any time by publishing the changes on this Website. The terms and conditions as amended shall apply upon being published.

  40. General

  41. Notwithstanding any of these terms of use, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Website, and to block or prevent future access to and use of this website for any reason or no reason. Upon termination, these terms of use will still apply.
  42. By accessing, browsing or using this Website, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these terms of use and any dispute of any sort that might arise between you and OPSM or its related companies. Regardless of where you access this Website, you agree that any action at law or in equity arising out of or relating to these terms of use shall be filed and adjudicated only in the federal or state courts located in Australia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding between you and OPSM or any of its related companies.
  43. These terms of use constitute the entire agreement between you and OPSM with respect to this Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Website.  A printed version of these terms of use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms of use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved
  44. The rights provided in these terms of use are cumulative and not exclusive of any other rights available in any other instrument or at law. These terms of use are in addition to and are not prejudiced by or merged in any right a party now has or may have.
  45. If any of these terms of use are illegal, void or unenforceable, they will be ineffective to the extent of the illegality, voidability or unenforceability, but without invalidating the remaining terms of use.
  46. Failure to exercise or delay in exercising, any right, power or remedy does not impair or operate as a waiver of any right, power or remedy. No single or partial exercise of any right, power or remedy precludes its further exercise or the exercise of any other rights, powers or remedies. Any waiver is effective only to the extent that it is in writing.

  47. Contact lens 12 month manufacturers warranty terms & conditions

  48. The benefits given to you under our express warranty are in addition to other rights and remedies you have under the Australian Consumer Law and other laws. That is, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
  49. Our express warranty is provided by Luxottica Retail Australia Pty Ltd (ACN 000 025 758) 75 Talavera Road Macquarie Park, NSW, 2113 www.opsm.com.au ph: 1800 626 300.

  50. OPSM SUBSCRIPTION VALUE PLAN TERMS & CONDITIONS

  51. The OPSM Subscription Value Plan is available for all contact lenses sold online at opsm.com.au and opsm.co.nz.
  52. The subscription provides you with a discount off the current OPSM online retail price of the contact lenses.
  53. Should the current OPSM online retail price change during your subscription, you will be notified of the change prior to incurring any additional charges.
  54. The only accepted payment method is by credit card (Visa, Mastercard, American Express).
  55. You must have a current valid contact lens prescription prescribed by a registered Australian or New Zealand optometrist.
  56. Your subscription is ongoing until you cancel or your prescription expires.
  57. If your prescription expires, you will need to create a new subscription with your new prescription.
  58. The price and subscription discount available online at the time of purchasing will apply to the new subscription.
  59. You will be provided with your contact lenses at the frequency at which you order, e.g. if you have ordered 3 months of contact lenses, we will send you a refill order of contact lenses every 3 months and charge your creditcard every 3 months. You can reschedule your order in Your Account.
  60. You may cancel your subscription at any time, however you may be charged for your next subscription order if you do not cancel before the subscription order date.
  61. You can cancel your subscription in Your Account or by calling Customer Care on 1800 626 300 in Australia or 0800 677 634 in New Zealand.
  62. The OPSM Subscription Value Plan cannot be used in conjunction with any other offer, discount or benefit from any source.
  63. All personal information is collected, stored and used in accordance with the OPSM Privacy Policy.
  64. If you have any questions regarding the OPSM Subscription Value Plan please contact Customer Care on 1800 626 300 in Australia or 0800 677 634 in New Zealand.

  65. CREDIT CARD RECHARGE AUTHORISATION

  66. By providing us with your credit card details, you acknowledge and accept that you will be charged on a recurring basis by OPSM.
  67. The charge will appear on your credit card statement as 'OPSM Online'.
  68. The first charge will occur when you place your first order. If the charging falls due on a non-business day, it will be charged from your credit card account however your order will not be dispatched until the next business day.
  69. We will give you at least 7 days notice in writing or by contacting you over the phone when changes are made to the charging arrangements (such as a change of charge amount, next charge date and charging frequency).
  70. If you believe that you were incorrectly charged, please contact us.
  71. Before your credit card expires, you will need to notify us with your new credit card number via Your Account or by contacting us.
  72. If we cannot charge your credit card, you will receive an email from us and you will need to contact us to resolve the issue. We will not attempt to recharge your credit card until the issue has been resolved.

  73. FREE DELIVERY TERMS & CONDITIONS

  74. Free delivery online offer is subject to change at any time without prior notice. This offer is only available online and is valid for Standard Delivery within Australia.