TERMS & CONDITIONS
1. About the Website
1.1. Welcome to www.superiorvisionaustralia.com (the ‘ Website’). The Website
provides you with an opportunity to browse and purchase various products that
have been listed for sale through the Website (the ‘ Products’). The Website
provides this service by way of granting you access to the content on the
Website (the ‘ Purchase Services’).
1.2. The Website is operated by Superior Vision Australia PTY. LTD. (ABN
55626887401) . Access to and use of the Website, or any of its associated
Products or Services, is provided by Superior Vision Australia. Please read
these terms and conditions (the ‘ Terms’) carefully. By using, browsing and/or
reading the Website, this signifies that you have read, understood and agree to
be bound by the Terms. If you do not agree with the Terms, you must cease
usage of the Website, or any of Services, immediately.
1.3. Superior Vision Australia reserves the right to review and change any of the
Terms by updating this page at its sole discretion. When Superior Vision
Australia updates the Terms, it will use reasonable endeavours to provide you
with notice of updates to the Terms. Any changes to the Terms take immediate
effect from the date of their publication. Before you continue, we recommend
you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by
clicking to accept or agree to the Terms where this option is made available to you by
Superior Vision Australia in the user interface.
3. Registration to use the Purchase Services
3.1. In order to access the Purchase Services, you must first register as a user of
the Website. As part of the registration process, or as part of your continued
use of the Purchase Services, you may be required to provide personal
information about yourself (such as identification or contact details), including:
(a) Email address
(b) Mailing address
(c) Telephone number
3.2. You warrant that any information you give to Superior Vision Australia in the
course of completing the registration process will always be accurate, correct
and up to date.
3.3. Once you have completed the registration process, you will be a registered
member of the Website (‘ Member’) and agree to be bound by the Terms. As
a Member you will be granted immediate access to the Purchase Services.
3.4. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Superior Vision
(b) you are a person barred from receiving the Purchase Services under the
laws of Australia or other countries including the country in which you are
resident or from which you use the Purchase Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other
person may result in the immediate cancellation of the Purchase Services;
(d) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify Superior
Vision Australia of any unauthorised use of your password or email
address or any breach of security of which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for
the sole use of the Website by you for the purposes of Superior Vision
Australia providing the Purchase Services;
(f) you will not use the Purchase Services or Website for any illegal and/or
unauthorised use which includes collecting email addresses of Members
by electronic or other means for the purpose of sending unsolicited email
or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms
of solicitation may be removed from the Website without notice and may
result in termination of the Purchase Services. Appropriate legal action will
be taken by Superior Vision Australia for any illegal or unauthorised use of
the Website; and
(h) you acknowledge and agree that any automated use of the Website or its
Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
5.1. In using the Purchase Services to purchase the Product through the Website,
you will agree to the payment of the purchase price listed on the Website for
the Product (the ‘ Purchase Price’).
5.2. Payment of the Purchase Price may be made through Paypal, Visa,
Mastercard, Bank Transfer, Afterpay (the ‘ Payment Gateway Provider’)
In using the Purchase Services, you warrant that you have familiarised yourself
with, and agree to be bound by, the applicable Terms and Conditions of Use,
5.3. Following payment of the Purchase Price being confirmed by Superior Vision
Australia, you will be issued with a receipt to confirm that the payment has
been received and Superior Vision Australia may record your purchase details
for future use.
5.4. Superior Vision Australia may, at their sole discretion, provide a refund on the
return of the Products within 30 days where the Product packaging is
unopened and remains in a saleable condition. You acknowledge and agree
that you are liable for any postage and shipping costs associated with any
refund pursuant to this clause.
6.1. Superior Vision Australia’s Products come with guarantees that cannot be
excluded under the Australian Consumer Law. You are entitled to a
replacement or refund for a major failure of the Product. You are also entitled
to have the Products repaired or replaced if the Products fail to be of
acceptable quality and the failure does not amount to a major failure (the ‘
6.2. You may make a claim under this clause (the ‘ Warranty Claim’) for material
defects and workmanship in the Products within 24 months from the date of
purchase (the ‘ Warranty Period’).
6.3. In order to make a Warranty Claim during the Warranty Period, you must
provide proof of purchase to Superior Vision Australia showing the date of
purchase of the Products, provide a description of the Products and the price
paid for the Products by sending written notice to Superior Vision Australia at ,
Sydney, New South Wales, 2566 or by email at
6.4. Where the Warranty Claim is accepted then Superior Vision Australia will, at its
sole discretion, either repair or replace any defective Products or part thereof
with a new or remanufactured equivalent during the Warranty Period at no
charge to you for parts or labour. You acknowledge and agree that you will be
solely liable for any postage or shipping costs incurred in facilitating the
6.5. The Warranty shall be the sole and exclusive warranty granted by Superior
Vision Australia and shall be the sole and exclusive remedy available to you in
addition to other rights and under a law in relation to the Products to which this
6.6. All implied warranties including the warranties of merchantability and fitness for
use are limited to the Warranty Period.
6.7. The Warranty does not apply to any appearance of the supplied Products nor
to the additional excluded items set forth below nor to any supplied Products
where the exterior of which has been damaged or defaced, which has been
subjected to misuse, abnormal service or handling, or which has been altered
or modified in design or construction.
7.1. You acknowledge that the Purchase Services offered by Superior Vision
Australia integrate delivery (the ‘ Delivery Services’) through the use of third
party delivery companies (the ‘ Delivery Service Providers’).
7.2. In providing the Purchase Services, Superior Vision Australia may provide you
with a variety of delivery and insurance options offered as part of the Delivery
Services by the Delivery Service Providers. You acknowledge and agree that
Superior Vision Australia is not the provider of these delivery and insurance
options and merely facilitates your interaction with the Delivery Service
Providers in respect to providing the Delivery Services.
7.3. In the event that an item is lost or damaged in the course of the Delivery
Services, Superior Vision Australia
(a) contact the Delivery Service Provider directly to request a refund or to
claim on any insurance options available; and
(b) contact us by sending an email to email@example.com
outlining in what way the Products were damaged in transit so we are able
to determine if the Delivery Service Provider should be removed from the
8. Copyright and Intellectual Property
8.1. The Website, the Purchase Services and all of the related products of Superior
Vision Australia are subject to copyright. The material on the Website is
protected by copyright under the laws of Australia and through international
treaties. Unless otherwise indicated, all rights (including copyright) in the site
content and compilation of the website (including text, graphics, logos, button
icons, video images, audio clips and software) (the ‘ Content’) are owned or
controlled for these purposes, and are reserved by Superior Vision Australia or
8.2. Superior Vision Australia retains all rights, title and interest in and to the
Website and all related content. Nothing you do on or in relation to the Website
will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright of Superior Vision Australia;
(b) the right to use or exploit a business name, trading name, domain name,
trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a system or process).
8.3. You may not, without the prior written permission of Superior Vision Australia
and the permission of any other relevant rights owners: broadcast, republish,
up-load to a third party, transmit, post, distribute, show or play in public, adapt
or change in any way the Content or third party contact for any purpose. This
prohibition does not extend to materials on the Website, which are freely
available for re-use or are in the public domain.
Superior Vision Australia takes your privacy seriously and any information provided
through your use of the Application and/or the Purchase Services are subject to Superior
10. General Disclaimer
10.1. You acknowledge that Superior Vision Australia does not make any terms,
guarantees, warranties, representations or conditions whatsoever regarding
the Products other than provided for pursuant to these Terms.
10.2. Superior Vision Australia will make every effort to ensure a Product is
accurately depicted on the Website, however, you acknowledge that sizes,
colours and packaging may differ from what is displayed on the Website.
10.3. Nothing in these Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the
Australian Consumer Law (or any liability under them) which by law may not be
limited or excluded.
10.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in these Terms are excluded; and
(b) Superior Vision Australia we will not be liable for any special, indirect or
consequential loss or damage (unless such loss or damage is reasonably
foreseeable resulting from our failure to meet an applicable Consumer
Guarantee), loss of profit or opportunity, or damage to goodwill arising out
of or in connection with the Purchase Services or these Terms (including
as a result of not being able to use the Purchase Services or the late
supply of the Purchase Services), whether at common law, under contract,
tort (including negligence), in equity, pursuant to statute or otherwise.
10.5. Use of the Website, the Purchase Services, and any of the products of Superior
Vision Australia (including the Delivery Services), is at your own risk. Everything
on Website, the Purchase Services, and the Products of Superior Vision
Australia, are provided to you on an “as is” and “as available” basis, without
warranty or condition of any kind. None of the affiliates, directors, officers,
employees, agents, contributors, third party content providers or licensors of
Superior Vision Australia (including any third party where the Delivery Services
are made available to you) make any express or implied representation or
warranty about its Content or any products or Purchase Services (including the
products or Purchase Services of Superior Vision Australia) referred to on the
Website. This includes (but is not restricted to) loss or damage you might suffer
as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect,
failure to correct defects, delay in operation or transmission, computer
virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or
unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the
Purchase Service, or any of its Content related products (including third
party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services
or any of the Products;
(d) the Content or operation in respect to links which are provided for the
(e) any failure to complete a transaction, or any loss arising from e-commerce
transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties
or publication of any materials relating to or constituting such conduct.
11. Limitation of Liability
11.1. Superior Vision Australia’s total liability arising out of or in connection with the
Purchase Services or these Terms, however arising, including under contract,
tort (including negligence), in equity, under statute or otherwise, will not exceed
the most recent Purchase Price paid by you under these Terms or where you
have not paid the Purchase, then the total liability of Superior Vision Australia is
the resupply of information or Purchase Services to you.
11.2. You expressly understand and agree that Superior Vision Australia, its
affiliates, employees, agents, contributors, third party content providers and
licensors shall not be liable to you for any direct, indirect, incidental, special
consequential or exemplary damages which may be incurred by you, however
caused and under any theory of liability. This shall include, but is not limited to,
any loss of profit (whether incurred directly or indirectly), any loss of goodwill or
business reputation and any other intangible loss.
11.3. Superior Vision Australia is not responsible or liable in any manner for any site
content (including the Content and Third Party Content) posted on the Website
or in connection with the Purchase Services, whether posted or caused by
users of the website of Superior Vision Australia, by third parties or by any of
the Purchase Services offered by Superior Vision Australia.
11.4. You acknowledge that Superior Vision Australia does not provide the Delivery
Services to you and you agree that Superior Vision Australia will not be liable to
you for any special, indirect or consequential loss or damage, loss of profit or
opportunity, or damage to goodwill arising out of or in connection with the
12. Termination of Contract
12.1. The Terms will continue to apply until terminated by either you or by Superior
Vision Australia as set out below.
12.2. If you want to terminate the Terms, you may do so by:
(a) notifying Superior Vision Australia at any time; and (b) closing your accounts for all of the Purchase Services which you use,
where Superior Vision Australia has made this option available to you.
Your notice should be sent, in writing, to Superior Vision Australia via the
‘Contact Us’ link on our homepage.
12.3. Superior Vision Australia may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any
(b) Superior Vision Australia is required to do so by law;
(c) the partner with whom Superior Vision Australia offered the Purchase
Services to you has terminated its relationship with Superior Vision
Australia or ceased to offer the Purchase Services to you;
(d) Superior Vision Australia is transitioning to no longer providing the
Purchase Services to Users in the country in which you are resident or
from which you use the service; or
(e) the provision of the Purchase Services to you by Superior Vision Australia
is, in the opinion of Superior Vision Australia, no longer commercially
12.4. Subject to local applicable laws, Superior Vision Australia reserves the right to
discontinue or cancel your membership to the Website at any time and may
suspend or deny, in its sole discretion, your access to all or any portion of the
Website or the Purchase Services without notice if you breach any provision of
the Terms or any applicable law or if your conduct impacts Superior Vision
Australia’s name or reputation or violates the rights of those of another party.
12.5. When the Terms come to an end, all of the legal rights, obligations and
liabilities that you and Superior Vision Australia have benefited from, been
subject to (or which have accrued over time whilst the Terms have been in
force) or which are expressed to continue indefinitely, shall be unaffected by
this cessation, and the provisions of this clause shall continue to apply to such
rights, obligations and liabilities indefinitely.
13.1. You agree to indemnify Superior Vision Australia, its affiliates, employees,
agents, contributors, third party content providers and licensors from and
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered
or arising out of or in connection with any Content you post through the
(b) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so and any breach by you or your agents
of these Terms; and/or
(c) any breach of the Terms.
14. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not
commence any Tribunal or Court proceedings in relation to the dispute, unless
the following clauses have been complied with (except where urgent
interlocutory relief is sought).
A party to the Terms claiming a dispute (‘ Dispute’) has arisen under the
Terms, must give written notice to the other party detailing the nature of the
dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘ Notice’) by that other party, the parties to the Terms
(‘ Parties’) must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the
Dispute expeditiously by negotiation or such other means upon which they
may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the Australian Mediation Association or his
or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting
the foregoing undertake to pay any amounts requested by the mediator as
a pre-condition to the mediation commencing. The Parties must each pay
their own costs associated with the mediation;
(d) The mediation will be held in Sydney, Australia.
All communications concerning negotiations made by the Parties arising out of
and in connection with this dispute resolution clause are confidential and to the
extent possible, must be treated as “without prejudice” negotiations for the
purpose of applicable laws of evidence.
14.5. Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the
Dispute has not been resolved, either Party may ask the mediator to terminate
the mediation and the mediator must do so.
15. Venue and Jurisdiction
The Purchase Services offered by Superior Vision Australia is intended to be viewed by
residents of Australia. In the event of any dispute arising out of or in relation to the
Website, you agree that the exclusive venue for resolving any dispute shall be in the
courts of New South Wales, Australia.
16. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating
to the Terms and the rights created hereby shall be governed, interpreted and construed
by, under and pursuant to the laws of New South Wales, Australia, without reference to
conflict of law principles, notwithstanding mandatory rules. The validity of this governing
law clause is not contested. The Terms shall be binding to the benefit of the parties
hereto and their successors and assigns.
17. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent legal
advice and declare the Terms are not against public policy on the grounds of inequality
or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.