Dimple Color Website Terms and Conditions of Use
Welcome to the website of Dimple Optics Pty Limited (ABN 50 625 221 543) trading as "Dimple Color" ("we", "us", “our” or “Dimple Color”). Our website is located at www.dimple.com and includes all of the files located in that domain (the “Site").
1. AGREEMENT TO THESE WEBSITE TERMS AND CONDITIONS OF USE
2. RESTRICTIONS ON USE
Prohibited conduct The following is considered by us to be prohibited conduct, and your use of the Site shall be subject to you not:
- using any device, routine or software that interferes, or attempt to interfere, with the proper working of this Site;
- engaging in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
- using this Site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
- using this Site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
- using any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Site;
- using this Site by any automated means;
- using this Site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email; · accessing, retrieving or indexing any portion of this Site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
- interfering with the display of any advertisements appearing on or in connection with this Site;
- reverse engineering, decompiling, disassembling, adapting, modifying, translating, framing or reformatting any of the material contained on this Site;
- reproducing, duplicating, copying or storing any of the material appearing on this Site other than for your own personal and non-commercial use; · falsely implying that any other website is associated with this Site;
- doing anything that leads, or may lead, to a decrease in the value of Dimple Color's intellectual property rights in this Site;
- using or exploiting any of the material appearing on this Site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Site;
- releasing to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Dimple Color without Dimple Color's prior written consent; or
- using this Site to transmit any information or material that is, or may reasonably be considered to be:
- abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way; - libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
- infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
- in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
- in breach of any person’s privacy or publicity rights;
- a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
- in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
- containing any political campaigning material, advertisements or solicitations; or
- likely to bring Dimple Color or any of its staff into disrepute.
Violations of these Website Terms and Conditions of Use
Without limiting any other remedies available to Dimple Color at law or in equity, Dimple Color reserves the right to, without notice:
- temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide Products to you if:
- you breach any provision of these Website Terms and Conditions of Use; - Dimple Color is unable to verify or authenticate any information that you provide to us; or
- Dimple Color believes that your actions may cause damage and/or legal liability to Dimple Color, any of its customers or suppliers or any other person; and
- remove or block access to any information and/or materials (in whole or in part) that Dimple Color, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Website Terms and Conditions of Use.
You indemnify and hold harmless Dimple Color and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
- any material or information that you submit, post, transmit or otherwise make available through this Site;
- your use of, or connection to, this Site; or
- your negligence or misconduct, breach of these Website Terms and Conditions of Use or violation of any law or the rights of any person.
3. REGISTRATION AND ACCOUNT SECURITY
Requirement for registration
Dimple Color reserves the right to make any parts of this Site accessible only to users who have registered an account with us.
Username and password
Upon registering with this Site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this Site. Dimple Color will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that Dimple Color will be entitled to assume that any person using this Site with your username and password is you or your authorised representative. You must notify Dimple Color immediately of any known or suspected unauthorised use of any password or any other breach of security.
In order to register an account with this Site, you must agree to these Website Terms and Conditions of Use and provide Dimple Color with: · a valid email address; · current, complete and accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator, credit card number, or credit card expiration date); and · any other information that may be required by Dimple Color during the registration process. You must promptly update this information to maintain its accuracy at all times. You represent and warrant to Dimple Color that all information provided to Dimple Color by you, including the information provided by you through our account registration process or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.
Approval of registrations
Dimple Color reserves the right to accept or reject any application for registration of an account with this Site at its discretion.
4. NO MEDICAL OR HEALTHCARE ADVICE
Our Site will guide you through our streamlined process required to place an order for the Products. To place an Order, you will need to click on the “Place My Order” button once you complete the checkout process. Before you can place your order, you will be required to confirm your acceptance of our Terms by ticking the appropriate box.
Order constitutes offer
By placing an order through this Site, you make an irrevocable offer to us to purchase the Products that you have selected pursuant to these Website Terms and Conditions of Use. Information contained in this Site constitutes an invitation to treat only. No information in this Site constitutes an offer by us to supply any Products to you – however, Dimple will endeavour to supply your selected Products to you.
By placing an order with us, you acknowledge and agree that:
- you are over the age of 18 years and legally capable of entering into a binding agreement;
- you have a valid lens prescription for the Products you are ordering from our Site (that has not passed its expiry date) from a certified eye care physician or an equivalent qualified eye care professional (“Eye Care Professional”); · where you have not provided us with a copy you have used the Eye Care Professional search function on the Site, and that we will not process or send any order until one of the following occurs: 1. we are able to contact your Eye Care Professional, and your Eye Care Professional confirms the prescription is accurate by direct communication; or 2. we are able to contact your Eye Care Professional, your Eye Care Professional informs us through direct communication that the prescription is inaccurate, and provides the accurate prescription; or 3. we are not able to contact your Eye Care Professional, but have provided the Eye Care Professional with any and all required information for verification, and the Eye Care Professional has not responded within eight (8) business hours of us providing that information. · contacts lens prescriptions may vary from spectacle/glasses prescriptions, and that you are ordering the correct prescription for your contact lenses and NOT for your spectacles/glasses; · the information provided to us matches the prescription details issued to you by your Eye Care Professional and any other information provided to us in placing your order is accurate and complete in all respects; · your prescription has not expired and is not due to expire and is valid within the time specified by the Eye Care Professional; · you will renew your prescription in strict accordance with your Eye Care Professional’s suggested instructions and you will inform us immediately if there are any changes to your prescription details or any other information provided to us; · The Products purchased from our Site are for your personal use only; · You will use the Products in strict accordance with the instructions and information provided with the Products and in accordance with any advice provided by your Eye Care Professional; · You are not registered as partially sighted or blind; · In the event that you have any queries pertaining to the use of the Products, such queries will be addressed with your Eye Care Professional; · Dimple Color is not in any way obliged to fulfil your order unless you have a valid prescription. We will not commence processing any order made through this Site unless and until: · payment for the order has been received by us in full; and · the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud. Refusal of orders We reserve the right at our discretion to: · at any time prior to your order being accepted in accordance with these Website Terms and Conditions of Use, cancel all or part of your order; and · at any time: - refuse to provide Products to you; - terminate your access to this Site; and/or - remove or edit any content on this Site. · Examples of some of the grounds upon which we may elect to reject an order, include but are not limited to the following: - The Products you have selected are not in stock; - The Products are listed at an incorrect price or with incorrect information due to any oversight; - The information you have provided us is inaccurate, incomplete or incorrect; - The order does not meet a minimum value order; - There is a duplication of the order in error; - Authorisation of payment cannot be obtained; - You provide us with an inaccurate, expired or otherwise invalid prescription; - The order is for or appears to be for commercial use; or - Delivery is requested to any address outside of our delivery area. Acceptance of orders Acceptance of each order will take place once we accept your order and payment has been processed. We will confirm our acceptance by sending you an email confirming your order. You will then receive a further email within 1 to 2 business days thereafter with a tracking code, so you can follow your shipment all the way to your specified delivery address. Once our initial email confirmation has been sent, a formal agreement is in place between you and Dimple Color. You will be receiving emails confirming when the Products are dispatched. If there is any discount code being offered by Dimple Color at any time, such discount code must be applied at checkout for new customers or through the customer portal for existing customers for any discount to be redeemed. Discounts will not be refunded post purchase. In the email correspondence, you will be provided with an order number. Please reference this number should you be required to contact us about your order. Title to, and risk in, the Products will pass from Dimple Color to you at the time in which the Products are dispatched by Dimple Color to the delivery address you specified when you placed the order, provided that the full payment of all sums in respect of the Products, including any delivery charges, have been received. Editing an Order If an order has already been placed on our Site and you wish to amend your order after placement, please contact us by telephone or email as soon as possible. We will endeavour to amend your order where possible, however we reserve the right at our complete discretion not to accept the amendment. Any amendment to an order will only be binding once accepted by us in writing.
6. PRICES AND AVAILABILITY
Dimple Color reserves the right to change the prices for Products displayed in this Site at any time before you place an order. We will notify you in advance of any pricing changes that may affect future orders. While we endeavour to ensure that all prices shown on our Site are correct, sometimes errors may occur, and in those circumstances, where the price of a Product is lower than what you have paid, we will refund the difference to you, and continue to despatch your order in the same manner. If the correct price is higher, we may contact you to discuss further before we accept your order. All of our Products are subject to availability. If you have ordered a Product from our Site that is not currently in stock, we will send you an email confirming when the Product will be available, and you will have the option to wait for the Product or cancel your order.
7. DELIVERY AND DELIVERY COSTS
Delivery We endeavour to deliver the Products to you at the delivery time stipulated in your order confirmation, unless you subsequently change the frequency through your account profile on our Site. Please ensure the delivery address you have provided is correct. If it contains any errors, Dimple Color may not be in a position to provide you with the Products you have ordered, or the provision of the Products you order may be delayed. Delivery Costs Delivery of Products you have ordered may incur a delivery fee. Any delivery fee will be displayed on the Site following placement of an order, and payment of such fee will constitute part of your offer to us for the Products.
8. PAYMENT AND PAYMENT METHODS
9. INTELLECTUAL PROPERTY
Copyright In these Website Terms and Conditions of Use, the term "Proprietary Content" means: · this Site; · all of its content (including all of the text, graphics, designs, software, data, photographs and other images, sound and video files and other information contained in this Site, and the selection and arrangement thereof); and · all software, systems and other information owned or used by Dimple Color in connection with the Products offered through this Site (whether hosted on the same server as this Site or otherwise). All Proprietary Content is the property of Dimple Color or its licensors (as applicable) and is protected by international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Usage Terms or with the prior written consent of Dimple Color or other copyright owner (as applicable). You may download and print out content from this Site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices. Trademarks Dimple Color’s logo and the phrase "Dimple Color" are trademarks of Dimple Color. The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of Dimple Color. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of Dimple Color. User Content In these Website Terms and Conditions of Use, the term "User Content" means any and all content that is submitted, posted or otherwise added to this Site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback. This Site contains some features that enable you and other users to upload User Content. Dimple Color reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you: · represent and warrant to Dimple Color that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and · grant to Dimple Color a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at Dimple Color’s absolute discretion. Copyright claims If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this Site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such a notification should provide us with the following information: • an electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the infringing material; • identification of the copyrighted work claimed to have been infringed; • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or accessed to which is to be disabled, and all information reasonably sufficient to allow us to locate the material; • all information reasonably sufficient to permit us to contact you, including as your name, address, telephone number and email address; • a statement that you have a valid, good faith belief that the use of the infringing material is not authorized by the copyright owner, its agent or the law; • a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is either the owner, or is authorized to act on behalf of the owner, of an exclusive copyright right that is allegedly infringed; and Our Designated Agent for notice claims of copyright information on the Site can be reached as follows: Lazarus Legal Group Pty Ltd Suite 205, Level 2, 55 Grafton Street Bondi Junction NSW Australia 2022 Phone: (02) 8644 6000 Email: email@example.com Upon receipt of the above notification, we will respond expeditiously to remove, or disable access to, the material that you claim to be infringing or to be the subject of the infringing activity.
10. DISCLAIMER OF WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIMPLE COLOR AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. This Site is provided strictly on an "as is" basis. To the maximum extent permitted by law, Dimple Color and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that: · the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; · this Site will meet your requirements or expectations; · anything on this Site, or on any third-party website referred or linked to in this Site, is reliable, accurate, complete or up-to-date; · the quality of any Products, information or other material purchased or obtained through this Site will meet any particular requirements or expectations; · errors or defects will be corrected; or · this Site or the servers that make it available are free of viruses or other harmful components.
11. LIMITATION OF LIABILITY Exclusion of liability To the maximum extent permitted by law, Dimple Color and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms and Conditions of Use or the use of this Site by you or any other person. Remedies limited To the maximum extent permitted by law, Dimple Color and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at Dimple Color's sole discretion): · in the case of goods, to any of the following: - the replacement of the goods or the supply of equivalent goods; - the repair of the goods; - the payment of the cost of replacing the goods or of acquiring equivalent goods; or - the payment of the cost of having the goods repaired; and · in the case of services: - the supply of the services again; or - the payment of the cost of having the services supplied again. Release You agree that your use of this Site is at your own discretion and risk. You agree to release Dimple Color and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms and Conditions of Use or the use of this Site by you or any other person. Dimple Color may plead this release as a bar and complete defence to any claims or proceedings. Force majeure To the maximum extent permitted by law, and without limiting any other provision of these Website Terms and Conditions of Use, Dimple Color excludes liability for any delay in performing any of its obligations under these Website Terms and Conditions of Use where such delay is caused by circumstances beyond the reasonable control of Dimple Color, and Dimple Color shall be entitled to a reasonable extension of time for the performance of such obligations.
12. THIRD PARTY SITES
Occasionally, we may make available through our Site, a link to a third-party website. These links will allow you to leave our Site. These third-party websites are not under our control and we do not accept any responsibility for the content, privacy practices, functions, accuracy, legality or appropriateness of any linked website or any link contained in a linked website, or any changes or updates to such site. When you access third-party resources on the internet, you do so at your own risk. Our links with any third-party website should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked third-party websites. You acknowledge and agree that Dimple Color shall not be responsible or liable, either directly or indirectly for any loss or damage caused by or in connection with your use of or reliance upon any content or the purchase of other goods or services obtained on such website(s).
Notice to Californian residents If you are a Californian resident, in accordance with California Civil Code Section 1789.3, you are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.