Welcome to the Optislim Website (“Website”). By using our Website and/ or purchasing our products (“Services”), you agree to comply with and be bound by the following terms and conditions (“Terms”). Please review the following Terms carefully. If you do not agree to these Terms, you should not use this Website. The term Optislim or “us” or “we” or “our” refers to Optislim (and/ or its affiliates or subsidiaries), as the owner of the Website. The term “you” refers to the user or viewer of our Website.
- INFORMATION ON THE WEBSITE
Whilst every effort is made to update the information contained on this Website, Optislim makes no representations or warranties, whether express or implied, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or content contained on the Website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the Website. Optislim reserves the right at any time to change or discontinue without notice, any aspect or feature of this Website. No information shall be construed as advice and information is offered for information purposes only.
- PRODUCTS AND SERVICES
Our products are sold online and in retail. Whilst we have made every effort to ensure that the images correctly depict the products, we cannot guarantee that your computer’s monitor will not display the products differently. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
4. COPYRIGHT AND INTELLECTUAL PROPERTY
The content, organisation, graphics, design, compilation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Website and all of the content. Your use of our Website and your use of and access to any content does not grant or transfer to you any rights, title or interest in relation to our Website or the content. You must not:
- copy or use, in whole or in part, any of our content;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our content to any third party; or
- breach any intellectual property rights connected with our Website or our content, including (without limitation) altering or modifying any of the content, causing any of the content to be framed or embedded in another Website or platform, or creating derivative works from the content.
- EXTERNAL LINKS
External links may be provided for your convenience, but they are beyond the control of Optislim and no representation is made as to their content. Use or reliance on any external links and the content provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this Website without the express prior written permission of Optislim.
- RESTRICTIONS AND PROHIBITIONS ON USE
Your access and use of the Website and any information, materials or documents therein are subject to the following restrictions and prohibitions on use:
You may not:
(a) copy, republish, sell, lease, loan, transmit or otherwise make available in any form or by any means all or any portion of our Website or any content retrieved from our Website;
(b) use the Website or any materials obtained from the website to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
(c) use our Website to defame, harass, threaten, menace or offend any person;
(d) interfere with any user using our Website;
(e) tamper with or modify our Website, knowingly transmitt viruses or other disabling features, or damage or interfere with our Website, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Website;
(f) use our Website to send unsolicited email messages; or
(g) facilitate or assist a third party to do any of the above acts.
Optislim makes no warranties, representations, statements or guarantees regarding the Website, the Services or the information contained on the Website, your personal information or material and information transmitted over our system.
8. DISCLAIMER OF LIABILITY
Optislim shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the Website, any information contained on the Website, your personal information or material and information transmitted over our system. In particular, neither Optislim nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
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 Site 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.
10. USE OF THE WEBSITE
Optislim does not make any warranty or representation that information on the Website is appropriate for use in any jurisdiction (other than Australia). By accessing the Website, you warrant and represent to Optislim that you are legally entitled to do so and to make use of information made available via the Website.
- ENTIRE AGREEMENT
These Terms constitute the sole record of the agreement between you and Optislim in relation to your use of the Website.
Any modifications or new features or resources which are included to compliment the current store shall also be subject to the Terms. We reserve the right to update, modify and/or replace any part of these Terms at our sole discretion by posting updates and/or changes to this Website. We recommend you check our Website regularly to ensure you are aware of our current Terms. We do not undertake to keep our Website up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Where any conflict or contradiction appears between the provisions of these Terms and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Website shall prevail in respect of your use of the relevant section or module of the Website.
15. APPLICABLE LAWS
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Victoria.
If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
17. COMMENTS OR QUESTIONS