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Every purchase made from Imyge Health is subject to our Terms & Conditions, the full details of which can be found below.

Thank you for visiting our website and/or App www.imyge.com.au (“Website”). This website is owned and operated by Imyge Health Pty Ltd (ABN 64 640 695 996) of 176 Killeaton Street, St Ives, NSW 2075 (“Imyge”). By accessing and/or using this Website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (“Terms”).
In these Terms, ‘us’, ‘we’ and ‘our’ means Imyge and our related bodies corporate.

1. Acceptance of 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. Imyge has the right to modify the policies, conditions, payments, commissions and Terms.

2. Registration

You are required to register for an account through the Website (the “Account”) before you can purchase products through the Website.

As part of the registration process, or as part of your continued use of the Website, you may be required to provide personal information about yourself (such as identification or contact details), including your:

  1. name
  2. eye prescription
  3. date of birth
  4. email address
  5. preferred username
  6. preferred password
  7. address
  8. telephone number

You must enter into the ordering system your contact lens powers for the left and right eye in order to complete the purchase.

You warrant that any information you provide in the course of completing the registration process will always be accurate, correct and up to date.

To create an account, you must:

  1. be at least 18 years old;
  2. possess the legal right and ability to enter into a legally binding agreement with us; and
  3. agree and warrant to use the Website in accordance with these Terms.

We reserve the right to reject a registration or remove a profile from the Website at any time at our discretion.

3. Collection Notice

We collect personal information about you in order to respond to your enquiry or provide you with further information and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia.

If you would like any further information about our privacy policies or practices, please contact us at support@imyge.com.au.

4. Accuracy, completeness and timeliness of information

Images of the products from other websites and images are just for illustration purposes. Third parties may be permitted to post content on our Website.

We do not endorse or approve any third-party products. It is your sole responsibility to determine that specific products meets your needs and/or are suitable for the purposes for which they are used.

While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.

You agree that you will not hold us responsible for any damage caused directly or indirectly as a result of the services which originated through the Website.

5. Consultation with eyecare professional

The content on the Website does not replace the face to face relationship with your certified eyecare professional, optometrist, medical professional and/or healthcare practitioner.

We encourage you to seek advice from a certified eyecare professional in addition to using the content provided on the Website.
You must obtain a prescription for the contact lenses from a certified eyecare professional in order to make a purchase through the Website.

6. Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply, such as two coupon codes not to be used in conjunction with one another. If you want to participate in such a campaign, promotion or contest, you agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

7. Obligations of Users

  1. You must use the Website only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
  2. You will not interfere with (or attempt to interfere with) or disrupt (or attempt to disrupt) our site or the servers or networks that host our Website;
  3. You will not use, copy or distribute (or attempt to use, copy or distribute) content without our express permission;
  4. You will not interfere (or attempt to interfere) with any security-related or other features of our Website;
  5. 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 your registration;
  6. Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware;
  7. You will not use the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by us;
  8. You will not use the services or Website for any illegal and/or unauthorised use;
  9. 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 services. You agree that appropriate legal action will be taken by us for any illegal or unauthorised use of the Website; and
  10. You acknowledge and agree that any automated use of the Website or its services is prohibited.

8. Payments

  1. Where the option is given to you, you may make payment for the products (the “Product Fee”) by way of a third-party electronic payment system embedded in the Website. The payment system being used is AfterPay, Paypal and/or Stripe (“Stripe”) and the user of this system is subject to the AfterPay terms, Paypal terms or the Stripe Connected Account Agreement, which includes the Stripe Terms of Service.
  2. All payments made in the course of your use of the products are made using AfterPay, Paypal and/or Stripe. In using the Website or when making any payment in relation to your use of the services, you warrant that you have read, understood and agree to be bound by the AfterPay, Paypal and/or Stripe terms and conditions which are available on their website as applicable.
  3. You acknowledge and agree that where a request for the payment of the Product Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Product Fee.

9. Orders

  1. Unless we agree special arrangements, such as an authorisation code, we assume any order received from you has been placed with your authority and is binding on you.
  2. No quote is binding on us unless we have prepared and accepted a written confirmation of order.
  3. If you cancel an order or refuse to accept all or any of our products in an order other than in circumstances permitted by these Terms, you will be liable for any resulting damage or loss suffered by us.

10. Fitness for Purpose

  1. To the maximum extent permitted by law, you agree that you do not rely on our skill or judgement in relation to the suitability of any goods for a particular purpose.
  2. Any advice, recommendation, information or assistance provided by us is provided without any liability whatsoever.

11. Warranties

  1. To the maximum extent permitted by law, including the Australian Consumer Law (ACL), we make no warranties or representations about the products and/or services.
  2. All product information has been provided by the relevant original equipment manufacturer and/or vendor and not Imyge. We have included content on this Website for your convenience. You should confirm all product descriptions and specifications before your purchase.
  3. Nothing in these terms excludes, restricts or modifies any condition, warranty, right or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement. Subject to those rights that cannot be excluded under the ACL, our liability (and any Third-Party Supplier’s liability) for a breach of a non-excludable condition or warranty is limited, at our option, to 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.
  4. Warranties do not apply if the product has received maltreatment, inattention or interference or the product has not been used in accordance with any care instructions.
  5. In no circumstances are we liable for any special, indirect or consequential loss, even if you advise us of any special circumstances or such loss was reasonably foreseeable.

12. Delivery

  1. Delivery takes place when the ownership of our product has passed to you.
  2. Our prices are shown exclusive of delivery costs. Delivery costs are payable in addition to the price of our product and must be paid by you at the same time as you pay for our product.
  3. Unless we make other arrangements with you, our product is delivered direct to your address described in your account. If you request that we deliver our product to another address, we may charge you an additional fee.
  4. We reserve the right to deliver any products you order from us by instalment and each instalment is sold to you under a separate contract between you and us. Failure by us to deliver any instalment will not entitle you to cancel the balance of your order. In the event you are in default of these terms and conditions in respect of any instalment, we may elect to treat your default as a breach in respect of each other instalment.
  5. We may charge you freight, storage, handling and re-delivery fees if you are unable to take delivery of our product at the time, we deliver our product to you.
  6. Delivery times are estimates only and to the fullest extent permitted by law, will not be liable for any loss, damage or delay suffered or incurred by you arising from late delivery of the products.
  7. Subject to delays outside our control, the overall delivery period, usually through Australia Post, will not exceed 30 days.
  8. We may make part deliveries of any order, and each part delivery will constitute a separate supply of the products for the purposes of these Terms.
  9. At all times from the date of delivery, our product is at your risk of loss or damage and you are responsible for its safe custody.

13. Refunds

  1. When you take delivery of our product, you must inspect it immediately.
  2. Imyge does not offer refunds for the Product Fee if you change your mind.
  3. You can make a claim for a refund or credit if:
    1. you believe that the products we charged you for were not provided; or
    2. there is a fault or defect with the products you have purchased; and
    3. you notify us within a reasonable period of time.
  4. If you would like to request a refund, please email us at support@imyge.com.au and clearly state the reasons why you requested a refund.
  5. To return any product to us, you must obtain our prior consent.
  6. We may accept the return of our product if our product is not in accordance with your order, your proof of purchase is returned, and it is returned to us in its original condition within 14 days of our consent. You are responsible for the cost of returning the product to us.
  7. Imyge will have the absolute discretion to determine whether you will be entitled to a refund.
  8. In Australia, our goods and services come with guarantees that cannot be excluded under the ACL. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

14. Linked sites

Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

15. Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this Website (Content).

Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However we do grant you a licence to access the Website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this Website, the Content or any part of it is prohibited, except to the extent permitted by law.

16. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including

but not limited to:

  • any act that would constitute a breach of the law in the relevant jurisdiction;
  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
  • using this Website to defame or libel us, our employees or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  • posting or transmitting to this Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.

17. Disclaimers

To the maximum extent permitted by law, including the ACL, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

To the maximum extent permitted by law, we make no representations or warranties about our Website or the content, including (without limitation) that:

  1. it is complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  2. access will be uninterrupted, error-free or free from viruses;

We reserve the right to restrict, suspend or terminate without notice your access to this Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

You acknowledge that the Website is intended to facilitate the interactions between different parties. We hold no liability to you as a result of any conduct of the members or the misuse of your content by any party.

18. Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any liability suffered or incurred by us arising from or in connection with your use of our Website or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any liability before enforcing a right of indemnity under these Terms.

You agree to indemnify and hold us and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including lawyers’ fees) arising out of or in connection with: (i) your use of the services or services or goods obtained through your use of the services; (ii) your breach or violation of any of these Terms; (iii) Imyge’s use of your content; or (iv) your violation of the rights of any third party.

19. Events Beyond Control

Neither party shall be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including but not limited to by fire, flood, riot, strike, war, pandemic, restrictions and prohibitions or any other actions by any government or semi government authorities.

20. Termination

We may terminate or suspend this agreement at any time by delivering notice or by sending you a message advising that your shopping privileges have been removed. Termination of this agreement is effective the day notice is received, or such later date as specified in the notice. We may remove anyone from the system or refuse to deliver to a particular address at any time. You may cease placing orders with us at any time.

21. Jurisdiction and governing law

Your use of the Website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

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