Terms of Service

PLEASE READ CAREFULLY BEFORE PROCEEDING TO ACCESS AND USE THIS SITE OR PURCHASE PRODUCTS

These are the Terms and Conditions that govern your access and use of Bodyspecs.com.au and if you qualify, the purchase and use of products and services made available from time to time on the site by Body Specs Sunglasses & Goggles Australia (Topace Pty Ltd). Please review these Terms and Conditions carefully and check back periodically to see if there have been any changes.

You acknowledge and agree that each time you proceed to access and use this site, you agree to abide by these Terms and Conditions. Your act of proceeding to access and use this site will constitute an “electronic signature” indicating your agreement to these Terms and Conditions for all access and use of the site.

Privacy and Security Statement
Body Specs Sunglasses & Goggles Australia respects your privacy. Please review our Privacy Policy. Body Specs Sunglasses & Goggles Australia reserves the right to monitor and investigate all use of this site for violations of law and/or violations of these Terms and Conditions without notice to you.

Limited Right to Access and Use Site
You may access and use Bodyspecs.com.au only for the lawful commercial purposes intended by Body Specs Sunglasses & Goggles Australia in providing the site. Any unauthorized access or use of any portion of this site, its content, data, computers or networks, or interference with any operation of the site, or interception of any communication from or to the site, or any attempt to do one or more of these or other unauthorized or unlawful acts — is strictly prohibited.

Transactions – terms, conditions, policies and shipping
All business transactions, including but not limited to product and service offerings, orders and purchases, applications, registrations, memberships, programs and other activities made available via the Bodyspecs.com.au site shall be subject to these Terms and Conditions and all such other specific terms and conditions as are expressly set forth on the site, in price lists and sales and advertising materials, as provided from time to time by Body Specs Sunglasses & Goggles Australia.

PURCHASE RESTRICTIONS. BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA products and services may be subject to purchase restrictions. Questions about restrictions should be directed to Body Specs Sunglasses & Goggles Australia (Topace Pty Ltd) at info@bodyspecs.com.au or by calling 1300 782 990.

You agree that all information provided by you to Body Specs Sunglasses & Goggles Australia will be accurate and truthful.

You agree that you will notify and keep Body Specs Sunglasses & Goggles Australia up to date of any change to your personal information and if applicable, any change to your information that may affect your ability to conduct business with or purchase products from Body Specs Safety Eyewear Australia.

Body Specs Sunglasses & Goggles Australia reserves the right to limit, suspend and/or terminate access and use of the Bodyspecs.com.au site (in whole or in part) by any or all persons and entities at any time without notice and for no reason stated, as Body Specs Sunglasses & Goggles Australia may decide in its sole discretion.

Body Specs Sunglasses & Goggles Australia reserves the right to add, modify, substitute, suspend or discontinue product or service offerings at any time without notice and for no reason stated, as Body Specs Sunglasses & Goggles Australia may decide in its sole discretion.

USE AT YOUR OWN RISK – RELEASE AND INDEMNIFICATION FOR PRODUCT USE ALL ACCESS AND USE OF THIS WEB SITE, ITS CONTENTS, PRODUCTS AND SERVICES ARE AT YOUR OWN RISK.

CONSUMERS

BEFORE YOU PURCHASE ANY BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA PRODUCT, YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO INVESTIGATE AND SEEK PROFESSIONAL ADVICE REGARDING THE APPLICATION, USE, HEALTH, SAFETY AND/OR EFFECTIVENESS OF ANY PERSONAL PROTECTIVE PRODUCT FOR YOUR PARTICULAR CIRCUMSTANCES.

You acknowledge and agree that the use of any personal protective product (including but not limited to protective eyewear and/or gloves), involves UNFORESEEABLE RISKS AND UNCERTAINTIES, including without limitation, THE RISKS OF:
(A) bodily injury or death;
(B) loss of or damage to property;
(C) other general and individual HEALTH RISKS, CONDITIONS AND UNCERTAINTIES.; TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA (Topace Pty Ltd) AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES AND SPONSORS, AND THEIR SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CAUSES OF ACTION AND CONSEQUENCES, LIABILITY, LOSSES AND/OR DAMAGES (INCLUDING BUT NOT LIMITED TO PERSONAL INJURY TO YOU OR OTHERS) ARISING FROM OR RELATED TO THE USE (OR MISUSE) OF ANY PRODUCTS OBTAINED BY YOU, DIRECTLY OR INDIRECTLY, FROM BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA, ITS AFFILIATES, REPRESENTATIVES, SPONSORS AND/OR SUPPLIERS.

Disclaimers of Warranties
EXCEPT AS EXPRESSLY SET FORTH IN WRITING BY BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA, THIS SITE, THE CONTENTS OF THIS SITE AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA EXPRESSLY DISCLAIMS ALL IMPLIED REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH REGARD TO THE ACCESS AND USE OF THIS SITE AND ALL PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE AND NON-INFRINGEMENT.

BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA FURTHER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO PRODUCT DESCRIPTIONS AND COMPONENTS, RECOMMENDATIONS OF PROFESSIONALS, AND PRODUCT USE, SAFETY AND/OR EFFECTIVENESS.

SOME JURISDICTIONS MAY NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS.

Despite commercially reasonable efforts:
1. BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA does not warrant that the access, use, function or operation of this web site will be uninterrupted or error-free, that defects will not exist or be corrected, or that this Site or its servers will be completely free of all viruses or other harmful elements; and
2. BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA does not warrant that the information accessible on this site is accurate, complete, current or error free.


Limitation of Liability; Liquidated Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AFFILIATES, SPONSORS, VENDORS OR ANY OTHER PARTY INVOLVED IN PROVIDING THIS WEB SITE, ITS CONTENT AND PRODUCTS AND SERVICES SHALL BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE, ARISING OUT OF OR RELATED TO THE ACCESS, USE OF (OR INABILITY TO ACCESS OR USE) THIS WEB SITE OR ANY PRODUCT OR SERVICE MADE AVAILABLE VIA THIS SITE BY BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA OR ITS BUSINESS AFFILIATES.

BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA ASSUMES NO LIABILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, PERSONALLY INJURY, LOSS OF CONSORTIUM, AND CLAIMS OF THIRD PARTIES. 

Ownership
SITE AND CONTENT. This web site and its contents belong exclusively to BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA, its sponsors, business affiliates and their respective licensors. This web site and its contents are protected by Australia and International copyright laws. Any unauthorized copying, distributing, publishing, modification, alteration, display, sale, license or use of the contents of this site, in whole or in part, is strictly prohibited. You may copy limited content from this site for non-public, non-commercial personal use or educational use only, provided that each copy includes any copyright, trademark or other proprietary notice as it appears without modification or alteration by you.

TRADEMARKS. The trade names, trademarks, service marks, logos, slogans, characters and other designations of origin or affiliation (collectively “Trademarks”) displayed on this web site belong to BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA, its sponsors, business affiliates and their respective licensors or other owners. Nothing contained on this web site shall be construed as granting or conveying any interest, license or right to use or own any Trademark. Any unauthorized use/misuse of the Trademarks, in whole or in part, is strictly prohibited.

SUBMISSIONS. Any communication, information or material (including but not limited to any suggestion, idea, concept, or data) that is submitted to BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA at this site, by e-mail, by phone, by written correspondence or otherwise (each a “Submission”) is non-confidential and becomes the sole and exclusive property of BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA. BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA is free to dispose, reproduce and/or use any Submission without restriction, for any purpose whatsoever, including but not limited to, developing, manufacturing, advertising, marketing and sale of products or services. Any Submission is without payment or compensation to you or any other party. By making a Submission, you warrant that the Submission is not offensive, obscene or defamatory, and that BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA’s use of the Submission (as submitted) will not violate any third party’s rights. BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA is under no obligation to accept, respond to or use any Submission.

Linking to Third Party Sites
As a matter of convenience to visitors, this site may contain links to other third party web sites (i.e., sites not owned or controlled by BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA). No link to another web site shall imply any endorsement or sponsorship of the third party web site, its owner or operator, or any products or services. BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA is not responsible for the content of or any links contained on any other web site. Your access and use of any other web site is entirely at your own risk. Under no circumstances will BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to be caused to you or a third party in connection with your use of, or reliance on, any content, goods or services available on any other site.

Linking to this Site
BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA does not generally object to links to the home page of Bodyspecs.com.au from third party sites. However, absent an express written agreement to the contrary, all third party links to the home page of this site must be in accordance with the following terms and conditions. A third party link may only link to the home page of this site using the plain text version of BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA name (“BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA”) or the plain text version of the site name (“bodyspecs.com.au”). No content from this site may be incorporated into the third party site by any means (e.g., by in-lining or framing); (b) No Trademark of BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA may be used as any “metatag,” “title tag,” or in any source code or used in any other way for identification and use by search engines or other information location tools to identify and select web sites or pages. BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA will not agree to or tolerate links from any obscene, scandalous, profane, defamatory or unlawful sites, or any site that may adversely affect the name, reputation and goodwill of BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA and its pr oducts, as BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA shall determine in its sole discretion. BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA reserves the right to cancel permission to link to this site at any time, for any reason, in its sole discretion.

Jurisdictional Issues
BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA product and service offerings, promotions, materials, and content appearing on this web site are intended for customers located in the AUSTRALIA only. BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA makes no representation that products, services, promotions, materials, offers, information and other content on this site are appropriate or available for purchase and use in locations outside the Australia.


Complete Agreement; Severability; Amendments; Waiver; Headings
These Terms and Conditions (and all such other specific terms and conditions as are expressly set forth on the site, in price lists, catalogs and in sales and advertising materials) represent the entire understanding between you and BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA regarding the access and use of this site, its content and related products and services. Unless expressly agreed to in a signed writing by BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA, these Terms and Conditions shall prevail over any other conflicting or additional communication between you and BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA or its representatives, affiliates, sponsors and vendors.

SEVERABILITY. Should a court of competent jurisdiction deem any provision of these Terms and Conditions void and/or unenforceable, the void and/or unenforceable provision shall be severed to the extent necessary and the remainder of the Terms and Conditions shall remain valid and enforceable to the maximum extent permitted by law.

AMENDMENTS. BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA reserves the right to revise the content and information of this site, these Terms and Conditions, or any part thereof, without notice, by merely updating the site and this posting, respectively.

WAIVER. No term or condition may be waived by any party except in writing signed by the party to be bound.

HEADINGS. The section and paragraph headings in this document are provided for convenience only and shall not be used in the interpretation or construction of any provision of these Terms and Conditions.

Electronic Signature and Consent to Electronic Records
You agree that your electronic signature, these Terms and Conditions and any records relating to any and all transactions concerning you may be provided and maintained solely in electronic form and that each may not be denied legal effect, validity, or enforceability solely because each is in electronic form or solely because an electronic signature or electronic record was used in their formation.

If you do not consent to the use of electronic records, do not proceed to access and use the site for any transaction or other activity which may requires the completion or formation of an electronic record to confirm or carry out the transaction or activity.

WITHDRAWING CONSENT OR UPDATING ELECTRONIC RECORDS: If you wish to withdraw your consent to the use of electronic records or you wish to update your records, please contact BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA (Topace Pty Ltd) at info@bodyspecs.com.au or by calling 1300 782 990. Withdrawing your consent to the use of electronic records will result in the termination of your right to conduct transactions or engage in activities on this site that require the completion or formation of an electronic record.

You acknowledge that you have the opportunity and capability to print these Terms and Conditions at any time by accessing them online and printing them on a computer with the capability of accessing the site and printing from the site.

You acknowledge that you have the opportunity and capability to print and store electronic communications (“email”) and agree that you should print for your record keeping any email received that confirms a transaction, registration or other online activity related to BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA site.

PRINTED COPY: To obtain a printed copy of an electronic record, please contact BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA at the above-identified contact address or phone number. BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA will accommodate all reasonable requests for a printed copy of electronic records. BODY SPECS SUNGLASSES & GOGGLES AUSTRALIA reserves the right to charge a reasonable administrative fee to cover the associated costs of providing a printed copy.

IF YOU AGREE, YOU MAY PROCEED TO ACCESS AND USE WWW.BODYSPECS.COM.AU.

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