About this Agreement
Welcome to the Clear Focus One Way Vision Web Site User Agreement (“Agreement”). This document is the Agreement and describes the terms and conditions that govern your use at all of our domains and web sites (“Web Site”).
Your access to and use of the files, programs, information, graphics, materials (and the like) on the Web Site ("Material on this Web Site") is governed by this Agreement, which is subject to change without warning or notice at the sole discretion of Clear Focus One Way Vision (CFOWV).
There may also be additional specific terms that govern your use of and access to certain sections of the Web Site. These form part of the Agreement. Since you are also bound by these additional terms, you should review them wherever they are accessible by you on the Web Site.
Parties to this Agreement
“We”, “our”, “us”, "CFOWV" refers to Clear Focus One Way Vision Pty Ltd (ABN 37 140 818 426) ("Clear Focus One Way Vision"), who is the owner and operator of this Web Site, whether or not it is made available for use and access directly or indirectly by Clear Focus One Way Vision or through our parents, subsidiaries, affiliates, agencies, partners, contractors, and suppliers.
“You”, “your” refers to the person (who is of legal age to enter into agreements of this nature) or organisation (whether incorporated or not, and whether here in Australia or overseas) using or accessing the Web Site directly or indirectly (eg. via a software robot, spider, trawler etc), synchronously or asynchronously (eg. accessing our Web Site off line after some or all of it was downloaded to an electronic device).
If you are a person who is not of the legal age to enter agreements of this nature, please note that we do not have an agreement with you. You are not authorised and prohibited by us to access or use our Web Site.
If you are a person acting on behalf of an organisation with the consent (whether broadly or specifically given) of the person or persons who are legally allowed to enter into agreements of this nature for and on behalf of the organisation, please note that your use of and access to the Web Site binds them as a party to this Agreement. If you do not have consent, then this Agreement is with you, as if you are acting alone and for yourself.
Term, Acceptance and Execution of this Agreement
Accessing or using, by whatever means and for whatever purpose, our Web Site indicates and constitutes your agreement to and acceptance of this Agreement, whether or not you were aware of, understood or not able to view this Agreement, in part or in whole. If you do not understand this Agreement, we encourage you to receive advice from your legal representative at your expense.
This Agreement between you and us is executed at the date and time you access or use our Web Site. The term of this Agreement shall be for the duration of the session of you using or accessing the Web Site.
Please note that this Agreement may have been varied, amended or updated during or between sessions, without notice or warning. We encourage you to regularly review this Agreement. Please note that because all variations, amendments and updates form a part of this Agreement, your acceptance and agreement automatically includes them.
Rejection of this Agreement
If we are not in agreement with you, or vice versa, whether in part or whole, for whatever reason, you are not authorised to use or access the Web Site. However, if you do use or access this Web Site, whether ignorantly or by choice, you do so without our consent and at your own risk and expense. We will not be held liable or responsible for any and all losses, damages, liabilities, claims and expenses arising out of your use of your access to our Web Site. Further, if we suspect you are using or accessing our Web Site without agreement, then we may carry out the same or similar actions as listed in the breach rule.
What you are allowed to do
Subject to this Agreement, you may use or access this Web Site for any lawful purpose and to which we intended the Web Site to be used or accessed for.
Subject to this Agreement, you may view this Web Site and its contents solely in the usual operation of your web browser in visiting this Web Site.
Subject to this Agreement, you may link to our Web Site at your risk and expense, and at no charge or risk to us. You may use CFOWV logos, names or trademarks for the sole purpose of a link to this Web Site. For any other purpose, prior written express permission from CFOWV is required.
What you are not allowed to do
You agree that you will not:
- use or access this site for any unlawful purpose or which we did not intend the Web Site to be used or accessed for;
- use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission;
- use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of our Web Site or any transaction being conducted through our Web Site;
- take any action that imposes an unreasonable or disproportionately large load on our Web Site infrastructure;
- copy, reproduce, transmit, broadcast, adapt, modify, mirror, sell, publish, create derivative works, publicly display or otherwise use Material from our Web Site without the prior express written permission of CFOWV.
Material on this Web Site is provided in good faith and may contain general information about CFOWV products and services. Unless expressly stated otherwise, this information:
- does not constitute an offer or inducement to enter into a legally binding contract; and
- does not form part of the terms and conditions for CFOWV products and services.
Unless expressly agreed otherwise:
- products and services discussed in the section of the Web Site which refers to the Australian operations of CFOWV (the "Australian Section") will be provided only to Australian entities and addresses; and
- products and services discussed in the sections of the Web Site which refer to the various non-Australian operations the "International Sections") will be provided only to entities of the jurisdiction to which a particular International Section applies, and only to the extent that those products and services comply with the laws of that jurisdiction.
All applications are subject to CFOWV current approval criteria.
Where information is required of you, you agree to provide it non-fraudulently and warrant that it is true, correct, accurate, precise and without omissions or errors at the time it was given. You agree to keep this information up to date at all times and when ever it changes. Refer to our Privacy Statement for further information about what, how and why we need the information.
Third Party Links
The Web Site may contain links to other web sites operated by third parties ("Third Party Web Sites"). CFOWV does not endorse, or approve of the operators of Third Party Web Sites, or the software, code, content, information, graphics, files and material on those Third Party Web Sites ("Third Party Material").
Subject to any applicable law which cannot be excluded, CFOWV makes no warranties or representations:
- regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Web Sites; or
- that Third Party Material does not infringe the intellectual property rights of any person. CFOWV is not authorising the reproduction of Third Party Material by linking Material on this web site to Third Party Material.
When you follow a link on the CFOWV Web Site, material at a Third Party Web Site may be displayed in your browser framed by Material on this web site. This material is also Third Party Material for the purpose of this Agreement.
All offers to sell and statements relating to goods and services available on Third Party Web Sites are the responsibility of and given by the Third Party Web Site operator. CFOWV expressly disclaims acting in any other respect on behalf of Third Party Web Site operators.
CFOWV may receive payments from operators of Third Party Web Sites in relation to goods or services supplied by the operator as a result of you following a link to the Third Party Web Site from the CFOWV Web Site.
You agree to allow CFOWV, via our Web Site, to place on your computer, files such as cookies and small program applets, as needed to provide the services of our Web Site. We agree to use these features for the purposes stated in this Agreement and our Privacy Statement. We agree not to use these features as a means to write malicious code. However, as it is technically possible for others to interfere with the files during transmission from our Web Site to your computer, or even interfere with the files on our Web Site before transmission, we do not and cannot warrant that all files created or executed on your computer contains malicious code written by others. We strongly recommend that you install, operate and keep up to date, the appropriate anti-virus, anti-spyware (and the like) software at all times on your computer.
The Web Site is available and provided on an “as is” basis. CFOWV does not represent or warrant the availability, accessibility or usability of the Web Site.
The Material on the Web Site is subject to change without warning or notice. CFOWV does not represent or warrant the suitability, accuracy, adequacy or completeness of Material on this Web Site.
CFOWV does not warrant that the CFOWV Web Site or Third Party Web Sites will be free from malicious code, viruses, worms, Trojan horses (and the like), or that access to the CFOWV Web Site or Third Party Web Sites will be uninterrupted, timely, secure or error-free.
The Material on this Web Site is provided for general guidance and is not intended to be advice. You should seek professional advice and assistance before you undertake any commercial decisions or action.
Limitation of Liability
You agree to indemnify and hold CFOWV and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a Third Party.
Subject to any responsibilities implied by law and which cannot be excluded, CFOWV is not liable to you for 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 Material on the Web Site or to Third Party Material, through your use of our Web Site, the unavailability of our Web Site, whether in contract, tort including negligence, statute or otherwise.
Liability of CFOWV for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at CFOWV's option, to:
- the supply of the goods or services again;
- the repair of the goods; or
- the payment of the cost of having the goods or services supplied again or repaired.
Copyright and Trade Marks
All intellectual property in relation to Material on this Web Site belongs to CFOWV or the intellectual property owner, and you obtain no interest in that property. All Material on this Web Site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the material.
This Web Site may contain trade marks or registered trade marks of CFOWV and Third Parties. You may not use these trade marks without the owner's prior written consent.
Consequences to breaching this Agreement
Without limiting any other remedies available to CFOWV at law or under this Agreement, CFOWV may, in its sole discretion, without notice or warning, suspend or terminate your access to or use of this Web Site and/or account either temporarily or permanently, if we suspect that you have breached this Agreement, engaged in criminal or fraudulent activity, or any kind of activity that we do not appreciate in connection with our Web Site.
This Agreement may be terminated at any time by CFOWV without warning or notice. All restrictions, disclaimers and limitations of liability by CFOWV will survive termination, however, you will no longer be authorised to access the CFOWV Web Site.
Unless expressly agreed otherwise:
- the Australian section is provided for use only by Australian residents. The law applicable to use of the Australian section and to disputes arising out of the Australian section is the law of the State of Queensland, Australia; and
- each International Section is provided for use only by residents of the jurisdiction to which that International Section applies. The law applicable to use of each International Section and to disputes arising out of the International Section is the law of the State of Queensland, Australia.
Notices and Contact Information
For all queries, concerns, notices regarding this Agreement, please contact the Legal Officer via any of the means listed on the Contact Us page during our business hours.
© 2019 Clear Focus One Way Vision. All Rights Reserved.