Terms of Use

Conditions of Use

You signify that you have read and accepted these Terms of Use, you (the “User” or “you“) accept and agree to these Terms of Use without any limitation or qualification and these Terms of Use form a binding agreement between you and Clairum Lenses Pty Ltd (“us”, “we” or “Clarium”) by accessing and using this website and its contents (the “Site“),

Content

This Site and all materials contained in this Site are owned or licensed to us and are protected by copyright and other intellectual property laws. No material on this Site may be modified, copied, reproduced, transmitted, distributed republished, sold or transferred in any way without the consent of Clarium. Nothing on the Site should be construed as granting any license or rights to use or distribute any content on the Site.

Restrictions on Use

You may use this Site for your own personal purposes only. You may not use this Site for any commercial purposes. You may not copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, broadcast or distribute any content on the Site including for any public or commercial purpose whatsoever, without our prior written permission.

You may not use any third parties’ likenesses, names, and/or properties without their express permission.

You may not send any material to the Site that is unlawful, harmful (including any virus), threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a violation of any law.

We may review, edit or delete materials you or others send to the Site at our absolute discretion.

We may cancel any registration(s) or account(s) on this Site at any time, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs and we shall not be liable to you for such cancellation.

Material Ownership and Protection of Intellectual Property

Any material you send to this Site will be deemed non-confidential and non-proprietary. This includes your name, address, age, contact details, telephone number, e-mail address, questionnaire answers, data, questions, comments, suggestions, ideas or other information, material or property. We (or our designees) will be entitled use any or all of it for any purpose without compensation to you including for reproduction, disclosure, transmission, publication, broadcast, posting, research. We also reserve the right to release it to any associated or related company or third parties. You must only send material to the Site if you are the original author of the material or otherwise have the necessary rights to use that material.

When you connect to our Site, we may use “cookie” technology and IP addresses to automatically collect certain technical information. This might include your type of Internet Browser or computer, the domain name of your internet service provider, number of page visits and the character and duration of such visits. We also track the number of visitors to our website. Any material collected in this manner shall be deemed non-confidential and non-proprietary and we (or our designees) will be entitled to use any or all of the material in any manner without compensation to you.

This Site is an intellectual work protected by intellectual property legislation. Unless stated otherwise, the intellectual property rights attaching to the documents contained in the website and each of the elements created for it are the sole and exclusive property of Clarium, which grants no licence or right other than that enabling access to the Site. The reproduction of any and all documents published on this website is authorised solely for informational purposes in the context of personal and private use; any reproduction and use of copies made for any other purpose is expressly prohibited. The brands, patents, logos and other assets covered by intellectual property rights and mentioned on the present website are either the property of Clarium or permission has been granted for their use. No right or licence can be granted for any of the aforementioned elements without the written agreement of Clarium or the third parties holding the relevant rights.

Disclaimer

We make no representation as to the completeness, correctness, accuracy or reliability of the information or materials contained in this Site. You should always verify any information independently.

The information and materials on this Site are provided “as is” and without warranties of any kind. To the extent permissible by law, Clarium disclaims all warranties, expressed or implied and shall not be responsible or liable for any damages due to statements, errors or omissions on this Site, content infringing any third party rights, viruses that may be transmitted to your computer, linking to any other sites or its nature or contents or any other matter regarding this Site and your use of it.

We do not warrant or imply that the Site or its contents are appropriate for use outside of Australia. If you are located outside of this Country, you are solely responsible for compliance with any applicable local laws.

Limitation of Liability and Indemnification

Under no circumstances shall Clarium be liable for any loss, claim or any direct or indirect, incidental, special, consequential damages including but not limited to loss of profits arising out of the use or inability to use the Site. By using this Site, you agree to indemnify, defend and hold harmless, us and our related parties from all damages, costs and expenses including legal fees and costs arising from your use of this Site including any of the following :

Any claims for infringement of intellectual property rights, libel, defamation relating to any materials you send to the Site, any activity relating to your internet account, including negligent or wrongful conduct by you or anyone else using the Site through your internet account, your breach of any provision of these terms and any other matters regarding this Site and your use of it.

You agree to use best efforts to cooperate with us in the defence of any such matter. We reserve the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

Other Sites

This Site may contain links to other web sites that we do not own or operate. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies. Downloading material from certain sites may risk infringing intellectual property rights or introducing viruses into your system. You should note when you leave this Site and read the privacy policies and terms of these other sites. You should also independently assess the authenticity of any website which appears or claims that it is one of our sites (including those linked to through an email).

Jurisdiction

All matters relating to the Site including these Terms of Use are governed by the laws of Australia and you agree to submit to the non-exclusive jurisdiction of the Australia courts for settlement of any disputes.

Severability

If for any reason, any provision herein is found void or unenforceable, it will be severed to the extent void or unenforceable and the remaining provisions will continue in full force and effect.

Changes

Please note, we may change information on this Site and/or these Terms, at any time without notice. You should regularly review these Terms for any changes. By continuing to use the Site, you agree to any changes, and by providing continued access to the Site we are providing you consideration for agreement to such changes.