Terms of Use (ToU)

(Effective as of 28 May 2015)

IMPORTANT - this is a legal agreement between you ("You") and Luxottica South Pacific Holdings Pty Ltd and its subsidiaries and affiliates (collectively, "Luxottica," "We" or "Us"), as owner of ray-ban.com/australia (the "website"). You should read carefully the following terms of use ("TOU") as they govern your use of the website. These TOU are subject to change without prior written notice at any time, in Luxottica's sole discretion. By using the website, You agree to be bound by and accept the TOU in effect at the time of such use. Your use of this website is expressly conditioned upon your agreement to these TOU, as well as our terms of sale, returns policy, warranty policy and privacy policy ("Additional Policies").

1. LICENSE GRANT. Luxottica hereby grants to You a personal, revocable, limited, non-exclusive, and non-transferable license to use the website solely for your personal use, which does not include activities related to any commercial, entrepreneurial or professional activity, provided that You comply with the terms and conditions of this TOU. Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the website in any manner not expressly permitted herein.
2. USER REPRESENTATIONS. By accessing or using the website, You represent that You are at least eighteen (18) years old and have full legal capacity. If You are not of such age, please consult with your parent or guardian with respect to this TOU, because persons under such age are authorized to use the website only if a parent or guardian accepts this TOU on their behalf. In addition, You agree to abide by all applicable laws and regulations governing your use of the website. Furthermore, You acknowledge and agree that this website is directed at users in Australia only (and ships product to Australia only).
3. PROPRIETARY RIGHTS. This TOU provides only a limited license to access and use the website. Accordingly, You expressly acknowledge and agree that Luxottica transfers no ownership or intellectual property interest or title in and to the website to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the website, unless otherwise indicated, are owned, controlled, and licensed by Luxottica. RAY-BAN, the Ray-Ban logo(s), and all other names, logos, and icons identifying Ray-Ban and its products and services are proprietary trademarks of Luxottica and any use of such marks, including, without limitation, as domain names, account identifiers, or as search terms, without express written permission is strictly prohibited. Other product and company names or logos mentioned or displayed on or through the website may be the trademarks and/or service marks of their respective owners. You may not use any trade marks, trade dress, service marks or intellectual property of Luxottica or its related companies, nor may you place any meta tags or any other "hidden text" utilizing the name of Luxottica or its related companies, trademarks, or product names without our express written consent and it may not be reproduced, modified, or used, in whole or in part, without the prior written consent by Luxottica or any other person holding title over such rights.
4. CONTENT SUBMITTED BY YOU. From time to time We may make available on this website bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communication facilities. In such instances, We welcome your comments on our website. However, any notes, messages, billboard postings, ideas, suggestions, or other material which You submit to Luxottica ("User-Posted Content") must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory, unlawful, or otherwise objectionable material all as determined by Us. Furthermore, User-Posted Content must not infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of any person or entity. Upon your submission of any and all User-Posted Content, You grant Luxottica a non-exclusive, royalty-free, perpetual, irrevocable right and license to use reproduce, copy, modify, alter, publicly display, publicly perform, post, transmit, broadcast, distribute or otherwise use the User-Submitted Content, such that Luxottica shall be and is entitled to use such User-Posted Content for any type of use, including promotional purposes and advertising, in perpetuity, in any and all media whether now known or hereafter devised, without any compensation to you. Your expressly waive any and all rights, grounds and actions concerning the inspection and approval of the finished product that may be produced and used in connection with your User-Posted Content. By submitting any User-Posted Content to Us, You represent and warrant that You hold all necessary right, title and license to such User-Posted Content and that your submission of such materials to the website does not and will not violate or infringe the rights of any third-parties, including but not limited to intellectual property or privacy rights.
5. RESTRICTIONS. You agree not to modify, distribute, disclose or create works wholly or partially based on the website. You cannot (nor allow third parties to) sub-license, rent, sell, distribute, circulate, provide, transform, de-codify, break down, disassemble, reverse engineer, create derivative works of, modify or translate the website, or in any case reproduce, copy, use or provide the website, or parts of it, in any other manner except for that expressly permitted herein or permitted by mandatory law. You acknowledge and accept that the acquisition of any content or data through use of the website is solely your responsibility and that You are solely responsible for any damage to the system or loss of data caused by using the service, even indirectly.
6. PRIVACY POLICY. Please review Luxottica's Privacy Policy for a summary of Luxottica's personally identifiable information collection and use practices.
7. AVAILABILITY AND CONTINUITY OF SERVICE. You acknowledge and accept that Luxottica reserves the right, at its own and complete discretion, to temporarily or permanently (i) suspend or eliminate the website, and/or (ii) disable any access to the website.
8. LINKS TO OTHER SITES. The website may facilitate access to other sites or on-line social media networks or pages for your convenience. These sites, networks, or pages have not necessarily been reviewed by Luxottica and are maintained by third parties over which Luxottica exercises no control. Accordingly, Luxottica expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third party sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
9. WARRANTY DISCLAIMER. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN OUR WARRANTY POLICY AND TO THE EXTENT PERMITTED BY LAW (INCLUDING THE COMPETITION AND CONSUMER ACT)LUXOTTICA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE OR ANY GOODS PURCHASED BY YOU THROUGH THE WEBSITE FOR ANY PURPOSE AND EXPRESSLY DISCLAIMS ANY EXPRESS WARRANTIES INCLUDING, WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW.
10. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN OUR WARRANTY POLICY AND TO THE EXTENT PERMITTED BY LAW (INCLUDING THE COMPETITION AND CONSUMER ACT) IN NO EVENT SHALL LUXOTTICA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF LUXOTTICA FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO LUXOTTICA IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE. NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAW WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED. CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN CONSUMER LAW, MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS, REMEDIES, OR GUARANTEES WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. SUCH LEGISLATION MAY, FOR EXAMPLE, IMPOSE NON-EXCLUDABLE GUARANTEES THAT GOODS ARE OF ACCEPTABLE QUALITY OR THAT SERVICES WILL BE RENDERED WITH DUE CARE AND SKILL ((WITH CERTAIN REMEDIES AVAILABLE TO BREACHES OF SUCH GUARANTEES). TO THE EXTENT THAT SUCH LEGISLATION APPLIES, THESE TOU MUST BE READ SUBJECT TO THOSE STATUTORY PROVISIONS. IF THOSE STATUTORY PROVISIONS APPLY, NOTWITHSTANDING ANY OTHER PROVISION OF THESE TOU, TO THE EXTENT THAT LUXOTTICA IS ENTITLED TO DO SO, LUXOTTICA LIMITS ITS LIABILITY PURSUANT TO SUCH PROVISIONS FOR ANY GOODS TO THE REPLACEMENT, REPAIR, OR REFUND OF THE COST OF THE GOODS, OR FOR SERVICES, TO THE RESUPPLY OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
11. INDEMNITY. By using the website, You agree to defend, indemnify and hold harmless Luxottica and its parent and affiliates, and their directors, employees and agents, against any loss, damage, liability, cost, expense (including legal fees) asserted by any third party and arising from: (i) your use of and access to the website other than as permitted under these TOU; (ii) any User-Posted Content; (iii) your breach of any of these TOU; and (iii) your infringement of any third party rights, including without limitation any property, privacy or intellectual property rights. This indemnity shall survive the duration of your use of the website.
12. RELIANCE AND USE. All information provided by us on this Website or in respect of any products is provided for use as general information and is not in the nature of advice. You should make your own independent inquiries and assessments with respect to any information you obtain from this Website. To the maximum extent permitted by law, we do not make any representations or warranties with respect to this website, including, without limitation:
    
    1. that any information on this website is adequate, reliable, up-to-date, accurate, complete or suitable for any particular purpose;
    2. with respect to the availability, functionality or performance of this website; and
    3. with respect to the non-infringement of any third party intellectual property rights.
    Information should be considered as merely indicative and no representation is made as to its accuracy, completeness, utility, nor any other possible utilization by users. Luxottica shall not bear any liability for any mistake, inaccuracy, or omissions related to said information. As such, your use of any materials or information provided on this website is entirely at your own risk. We assume no duty of care to you with respect to this website.
13. ENFORCEMENT. You acknowledge that any breach, threatened or actual, of this TOU will cause irreparable injury to Luxottica, such injury would not be quantifiable in monetary damages, and Luxottica would not have an adequate remedy at law. You therefore agree that Luxottica shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU.
14. TERM AND TERMINATION. This TOU will take effect at the time You begin using the website. This TOU will terminate automatically if You fail to comply with its terms and conditions. Termination will be effective without notice. You may also terminate this TOU at any time by ceasing all use of the website. Sections 3, 4, 5, 8, 9, 10, 11, 12, 13, 15, 16 and this sentence of this Section 14, will survive the termination of this TOU for any reason.
15. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent or other default or failure of performance. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision or part thereof will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
16. JURISDICTION AND APPLICABLE LAW. This agreement and all rights and obligations of the parties shall be governed by and construed in accordance with the laws of New South Wales, Australia without regard to its conflict of laws provisions. The parties agree to submit to the personal jurisdiction and venue of the state and federal courts of the New South Wales, Australia.
17. INDEPENDENT PARTY. You are an independent party. No joint venture, partnership, employment, or agency relationship exists between You and Luxottica as a result of this TOU or your utilization of the website.
18. ENTIRE AGREEMENT. This TOU, the Additional Policies and any other agreement or terms or conditions for services, information, or licenses available through the website, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between You and Luxottica with respect to use of the website, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Luxottica with respect to the website.
19. NO ASSIGNMENTS. You may not assign or transfer any rights under this Agreement without the prior written consent of Luxottica.
20. HEADINGS. Headings are for convenience only.