Terms Of Use

1. Operation and Website Use

The Website is owned and operated by Pacific Optics Pty Ltd (“We”, “Our” or “Us”). ABN: 96 064 312 107. These terms and conditions govern Your use of Pacific Opticseyewear.com.au (the “Website”). By accessing, using, browsing, registering with or contributing to this website and any other area of our website where you can post submissions or reviews or ask questions, you agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. If you do not agree to these terms in their entirety, you must not use this website.

While We have made every effort to ensure that information is free from error, We do not accept any responsibility for any errors or omissions in the information on the Website.

We do not guarantee that the Website or Third Party Websites will be free from viruses, or that access to the Website or Third Party Websites will be uninterrupted.

These website Terms of Use (including where applicable, our Privacy Policy) set out the entire agreement between you and Pacific Optics in relation to your use of this website and, to the fullest extent permitted by law, supersedes all prior terms, conditions, warranties and/or representations.

2. Variation in terms and conditions

These are the current terms and conditions. They replace any other terms and conditions for the Website published on the Website to date. We may at any time vary the terms and conditions by publishing the varied terms and conditions on the Website.

You are responsible for informing yourself of any changes to these terms and conditions. You accept that by accessing and using the Website after any variation of the terms and conditions, You are deemed to have agreed to comply with the varied terms and conditions.

3. Our Products

Material on the Website may contain general information about Our products. Unless expressly stated otherwise, this information:

  1. does not constitute an offer or inducement to enter into a legally binding contract; and
  2. does not form part of the terms and conditions for the sale of Our products.

4. Copyright and Trade Marks

The Website and all material provided on the Website is owned or licensed by Us, including the “look” and “feel” of the Website, the colour combinations, layout and all graphical elements.

Except where necessary for viewing the material on this Website on Your browser, or as permitted under the Copyright Act 1968 or other applicable laws or these terms and conditions, nothing on the Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without Our prior written consent.

Various trademarks displayed on the Website (whether registered or otherwise), including Pacific Optics and Pacific Optics Eyewear are owned by Us.

Other product and company names mentioned on this Website may be the trademarks of other people or entities. The trademarks displayed on this Website must not be used or reproduced without the prior permission of the relevant owner. If you are an authorised reseller of Pacific Optics’ products and would like to request permission to use photography or other content from this website for business purposes, please contact the customer service team for that brand.

If You believe You own the copyright in any work and that work is displayed on the Website without Your permission, please contact Us and the matter will be investigated.

5. Third Party Websites and Links

The Website may contain links to Third Party Websites. We are not responsible for the condition or content of those sites as they are not under Our control. Except as expressly stated, we do not endorse, or approve of the operators of Third Party Websites, or the information, graphics and material on those Third Party Websites.

Subject to any applicable law which cannot be excluded, We make no warranties or representations:

  1. regarding the quality, accuracy, merchantability or fitness for purpose of material, products or services available through Third Party Websites; or
  2. that material appearing on Third Party Websites does not infringe the intellectual property rights of any person. We are not authorising the reproduction of material appearing on Third Party Websites by linking the Website to Third Party Websites. When You follow a link on the Website, material at a Third Party Website may be displayed in Your browser framed by the Website.

This material is third party material for the purpose of these terms and conditions.

Please contact Us if You would like to link to the Website.

6. Virus Warning

All care is taken to ensure that this website and data transmissions are free from viruses. However We cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. It is Your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on the Website, and You release Us entirely of all responsibility for any consequences of its use.

7. Liability

The information contained on the Website is provided by Us in good faith. To the best of Our knowledge, the information is accurate and current. However, the Website and its contents are provided to you on “as is” basis. The Website may contain errors, faults and inaccuracies and may not be complete and current. We and our related bodies corporate, and their directors, officers, employees, and agents (“Our Associates”) make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials or products included on the Website, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.

Subject to clause 8, You hereby agree to indemnify and hold Us free from any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defense or settlement costs) whatsoever arising out of or referable to Your use of the Website and/or Your breach of these terms and conditions.

8. Limitation of Liability

Subject to any non-excludable liability implied by legislation (including under consumer laws), any liability of Us or Our Associates in connection with goods or services supplied to you will, at Our election, be limited to:

  1. in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
  2. in relation to services, the supply of the services again or the payment of the cost of having the services supplied again.

The above remedies are in addition to, and not in place of, your rights at law that cannot be lawfully excluded. Subject to any non-excludable liability (including under consumer laws), We will not otherwise be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on your behalf, through this website.

9. Cookies

Cookies are small pieces of information that Your browser stores on Your computer hard drive. We use cookies to provide Us with site usage information as well as to assist Us to improve and develop the products and services We offer. Our cookies do not contain any personal identifiable information. If You disable cookies on Your web browser, You may not be able to fully experience all features of the Website.

10. Jurisdiction

These terms and conditions are to be governed by and construed in accordance with the laws of the State of Queensland, Australia and You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia and any Courts which may hear appeals from those Courts.

The Website may be accessed from Australia or overseas. We make no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site if and to the extent that they are applicable.

Only you and We shall be entitled to enforce these website terms. You may not assign, transfer or sub-contract any of your rights or obligations under these terms to any third party unless We agree. No third party shall be entitled to enforce any of these website terms, whether by virtue of legislation or otherwise.

11. Submissions

Other than personal information which is subject to Our Privacy Policy all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to Us on or through the website or otherwise disclosed, submitted or offered by You (collectively, “Submissions”) shall become and remain Our property once submitted. You must comply with the content standards for Submissions set out in these terms. You warrant that You own or have the right to use any Submissions and that Your Submissions will comply with these standards and guidelines. You warrant that You have the right to grant to Us the rights set out in these terms in respect of Your Submissions.

These terms also govern any Submissions You make on any Pacific Optics’ related third party website or page such as Our Facebook page, Twitter, YouTube or other social networking site. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of Us or Our employees and We are not responsible for any such content. In any event, all material posted on any third party social networking site must comply with these terms and the third party social networking sites terms of use, as applicable.

A disclosure, Submission or offer of any Submissions and Your agreement to these terms and conditions shall constitute an assignment to Us of any intellectual property rights in the disclosure or Submission. Whenever You make use of a feature that allows You to upload material to the Website, including questions, or to make contact with other users of the Website or to make Submissions on any of Our related third party websites or pages, You must comply with the content standards set out below (including the spirit of those standards) and with these terms. Any third-party advertising on Our pages of third party social networking sites are not the responsibility of, or endorsed by, Us. All rights, including copyright on Our pages are owned by or licensed to Us. Any use of any of Our social networking pages or their contents, including copying or storing them in whole or in part, other than for Your own personal, non-commercial use, is prohibited without the permission of Us. All worldwide rights reserved.

Any material You upload to the Website will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose Your identity to any third party who is claiming that any material posted or uploaded by You to Our site or any of Our related third party social networking sites or pages constitutes a violation of their intellectual property rights, or of their right to privacy or any other rights. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by You or any other user of Our website. We have the right (but no obligation) to remove any Submissions You make on Our website if, in Our opinion, such Submission does not comply with the content standards set out below (including the spirit of those standards).

RULES FOR SUBMISSIONS

  1. Please be polite and only write in English.
  2. You confirm that the Submission is your own and that the content does not infringe the material, trademarks or intellectual property rights of others.
  3. If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response.
  4. Submissions should not include:
    1. profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others
    2. comments about other reviewers or bloggers remarks making criminal accusations, or false, defamatory or misleading statements
    3. material which impersonates others
    4. spam or advertising
    5. third party brand names or trademarks
    6. personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers
    7. HTML code, computer script or website URLs
    8. availability, price or alternative ordering or delivery information
    9. information about PBUG’s suppliers or manufacturers
  5. We, in our absolute discretion, reserve the right to:
    1. not publish the Submission or remove it
    2. take any appropriate action if deemed necessary
    3. remove reviews which relate to seasonal products which are no longer in season

12. Electronic Communications

You consent to receive communications from Us electronically and agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.

13. Termination

These terms and conditions (and the agreement constituted by Your use of the Website) and Your access to the Website may be terminated at any time by Us without notice.

All licenses granted by You and all Our disclaimers and limitations of liability in these terms and conditions will survive termination, however, You will no longer be authorised to access the Website.

Pacific Optics Pty Ltd is committed to respecting the privacy of your personal information.

This policy applies in addition to our Privacy Policy and sets out our personal information management practices relating to personal information obtained from credit reporting bodies and certain other consumer credit-related personal information described below (“credit-related personal information”). Pacific Optics handles credit-related personal information in the context of commercial credit rather than consumer credit arrangements. For example, information about consumer credit worthiness may be handled where Pacific Optics provides trade credit to sole traders, or individuals provide personal guarantees.

Information collected

We may collect, hold and disclose any types of credit-related personal information about you permitted under the Privacy Act, including:

  • your name, sex, date of birth, driver’s licence number, employer and three most recent addresses;
  • the fact that you have applied for credit and the amount and type of credit and credit limit;
  • confirmation of previous information requests about you to credit reporting bodies (CRBs) made by other credit providers and credit insurers;
  • details of your credit providers;
  • start and end dates of credit arrangements;
  • certain terms and conditions of credit arrangements;
  • permitted payment default information, including information about related payment arrangements and subsequent repayment;
  • information about serious credit infringements (e.g. fraud);
  • information about adverse court judgments; publicly available information about the your credit worthiness;
  • certain insolvency information from the National Personal Insolvency Index; and
  • any credit score or credit risk assessment indicating a CRB’s or credit provider’s analysis of your eligibility for consumer credit.

Where we collect credit-related personal information about you from a CRB, we may use that information to produce our own assessments and ratings in respect of your credit worthiness.

The credit-related personal information may include information about your arrangements with other credit providers as well as with us.

We collect credit-related personal information from you and from our records of your account activity and interactions with us (including email, telephone and online interactions). There are also certain situations in which we may collect this information about you from someone else. For example we may collect information from third parties including CRBs, other credit providers, public sources, our related companies, your organisation, your representatives and information service providers.

Use and disclosure of information

We may exchange credit-related personal information with CRBs to, assist those bodies to maintain information about you to provide to credit providers and other permitted parties for credit assessments. For example, we may report to a CRB where a guarantor defaults on their obligations in certain circumstances. We may use and disclose credit-related personal information collected from CRBs where permitted by law, including to:

  • assess a credit application made by you or an application to be a guarantor;
  • manage credit;
  • collect overdue payments;
  • assign debts; and
  • create assessments and ratings of your credit worthiness.

We may exchange your credit-related personal information with debt collection agencies, other credit providers, credit insurers, debt buyers, your guarantors and persons authorised by you. We may also collect, use and disclose credit-related personal information for the purposes and to the parties described in our Privacy Policy, where permitted by law.

Third parties to whom we disclose credit-related personal information may be located in Australia and other countries.

Credit reporting bodies

The CRBs we use may include:

  • Veda, PO Box 964 North Sydney 2059, www.mycreditfile.com.au, 1300 762 207
  • Dun & Bradstreet, Level 7, 479 St. Kilda Road Melbourne 3004, www.dnb.com.au, pacaustral@dnb.com.au, 1300 734 806
  • Experian, GPO Box 1969, North Sydney NSW 2060, www.experian.com.au, 1300 784 134

You have the right to request CRBs not to:

  • use your credit-related personal information to determine your eligibility to receive direct marketing from credit providers; and
  • use or disclose your credit-related personal information, if you have been or are likely to be a victim of fraud.

Accessing and updating your personal information

If you need to access or correct any credit-related personal information we hold about you, please contact us using the “Contact Details” set out below. We request that you provide us with as much detail as you can about the particular information you seek, in order to help us retrieve it. An access fee may be charged to cover our costs of providing that information to you. In certain circumstances, we may not be required by law to provide you with access or to correct your credit-related personal information. If that is the case, we will give you our reasons for that decision. Where we decide not to update your credit-related personal information, you can request us to attach to the personal information a statement of the update sought.

We take reasonable steps to make sure that the personal information we collect, use and disclose is accurate, complete and up-to-date.

Security of personal information

We take reasonable steps to protect the credit-related personal information we hold from misuse, interference and loss and from unauthorised access, modification or disclosure. This protection applies in relation to information stored in both electronic and hard copy form. We hold this information both at our own premises and with the assistance of our service providers.

Contact details

If you have any questions or feedback about privacy, or wish to make a complaint about the way in which we have handled your credit-related personal information, please contact our Privacy Officer at accounts@blackicesunglasses.com.au. We take your privacy concerns seriously. Where you express any concerns that we have interfered with your privacy, we will respond to let you know who will be handling your matter and when you can expect a further response.