Terms and Conditions of Use

  1. About the Website
  • Welcome to the OPTICAL GROWTH PARTNERS website (https://www.opticalgp.com.au) (the ‘Website‘).
  • In these terms of use, OPTICAL GROWTH PARTNERS means Optical Growth Partners and includes its related bodies, which may be referred to as “our”, “us” or “we”; and “you” means all users of or visitors to the Website.
  • Please read these terms and conditions (the ‘Terms‘) carefully.
  • We may make changes to the content of the Website (including the information, services, products and other materials displayed) at any time without notice to you. We may also modify these terms at any time without notice, and such modification will be effective immediately upon posting of the modified terms of use on the Website. Accordingly, your continued use of the Website is deemed to be your acceptance of these Terms as modified from time to time.
  • These Terms constitute your agreement with us relating to your use of the Website. These Terms do not govern the provision of any services or products by us to you and do not affect the terms of any other agreement you have entered with us. The terms of any other agreement you have entered with us will prevail over these Terms to the extent of any inconsistency.
  • You must only use the Website for lawful and proper purposes and in accordance with all applicable laws and regulations that apply in Australia and any other jurisdiction from which you are accessing the Website.
  • By accessing or using the Website you signify that you have read these Terms and agree to be bound by and comply with them. If you do not agree to be bound by these Terms, please immediately discontinue use of the Website.
  1. Copyright and Intellectual Property
  • The Website and all the related products and services of OPTICAL GROWTH PARTNERS are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by OPTICAL GROWTH PARTNERS and all such rights are reserved by OPTICAL GROWTH PARTNERS.
  • All trademarks, service marks and trade names are owned, registered and/or licensed by OPTICAL GROWTH PARTNERS, who grants to you a worldwide, non-exclusive, royalty-free, revocable license:
    • use the Website pursuant to the Terms;
    • copy and store the Website and the material contained in the Website in your device’s cache memory; and
  • print pages from the Website for your own personal and non-commercial use.
  • OPTICAL GROWTH PARTNERS does not grant you any other rights whatsoever in relation to the Website or any related products or services. All other rights are expressly reserved by OPTICAL GROWTH PARTNERS.
  • OPTICAL GROWTH PARTNERS retains all rights, title and interest in and to the Website and all related products and services. Nothing you do on or in relation to the Website will transfer any:
    • business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
  • a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
  • a thing, system or process that is the subject of a patent, registered design or copyright (or

an adaptation or modification of such a thing, system or process),to you or any third party.

  • You may not, without the prior written permission of OPTICAL GROWTH PARTNERS and the permission of any other relevant rights owners, broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Website or any related products or services for any purpose, unless otherwise provided by these Terms and Conditions.
  1. Privacy
  • OPTICAL GROWTH PARTNERS takes your privacy seriously and any information provided through your use of the Website or any related products or services is subject to OPTICAL GROWTH PARTNERS’ Privacy Policy which is available on the Website. The Privacy Policy forms part of these Terms.
  • People can generally visit the Website without revealing who they are or providing any personal information. OPTICAL GROWTH PARTNERS will not collect any personal information about visitors to the Website, except when such visitors take steps to provide personal information to us (for example, when submitting an enquiry with your contact details). Information provided through the Website will be collected, held, used, and disclosed in accordance with OPTICAL GROWTH PARTNERS’ Privacy Policy.
  • If you provide us with personal information through the Website, we may log your usage of the site to assist us to make our website(s) more accessible and valuable to our community.
  • The Website uses cookies. A ‘cookie’ is a small text file stored on your computer which assists in managing customised settings of the website and delivering content.
  • The Website uses first party and third-party cookies together to serve advertisements based on your visits to the Website and third-party websites. OPTICAL GROWTH PARTNERS uses third party services (including Google Analytics) to undertake demographic analysis of visitors to our website(s) and to display advertisements on third-party websites.
  • You can use the settings in your browser to control how your browser deals with cookies. You can control the settings and/or opt out of display advertisements using Google’s Ad Settings (https://www.google.com.au/settings/ads).
  • The internet is not always a secure method of transmitting information. Whilst OPTICAL GROWTH PARTNERS takes reasonable steps to ensure that information it receives is maintained securely, it cannot ensure that communications conducted via the internet will be secure.
  1. General Disclaimer and Limitations of Liability
  • Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded (‘non-excludable obligations’).
  • Subject to this clause, and to the extent permitted by law:
    • all terms, guarantees, warranties, representations or conditions which are not expressly 

stated in the Terms are excluded; and

  • OPTICAL GROWTH PARTNERS will not be liable for any special, indirect or consequential loss

or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Website or these Terms, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

  • You acknowledge and agree that:
    • Subject to any non-excludable obligations, we give no warranty (express or implied) or 

guarantee that information, services and materials contained on the Website are accurate, complete, current, or fit for any use whatsoever. All such information, services and materials are provided “as is” and “as available” without warranty of any kind.

  • To the maximum extent permitted by law and subject to any non-excludable obligations, we and individual contributors to the Website exclude all liability (including in negligence) for any loss arising out of access to, use of, or reliance upon information, services and materials contained on the Website.
  • To the maximum extent permitted by law and subject to any non-excludable obligations, we are not responsible or liable (including in negligence) for any factual inaccuracies, technical errors, corruption of data or unauthorised access of your personal information in connection with the Website.
  • We and individual contributors to the Website do not purport to provide legal or other expert advice through the Website and if legal or other expert advice is required, the services of a competent professional person should be sought.
  • The Website may contain links to the websites of other organisations. We do not necessarily endorse or support the views, opinions, standards or information contained within these linked websites. You will not hold us liable for any loss, damage, cost or expense you might incur as a result of the use of, or reliance upon, the materials which appear at any linked site. Your access to and use of linked websites is solely at your own risk.
  • We respect the intellectual property rights of others. You should be aware that material found on linked sites may contain intellectual property protected by law, including that it is likely to be protected by copyright and may also contain trademarks. It is your responsibility to use the material on each linked site in accordance with the site’s specific terms and conditions of use and any other laws or requirements which may apply.
  1. Termination and Suspension
  • Subject to local applicable laws, OPTICAL GROWTH PARTNERS reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Website or any related products or services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts OPTICAL GROWTH PARTNERS’ name or reputation or violates the rights of those of another party.
  • The Terms will continue to apply until terminated by OPTICAL GROWTH PARTNERS as set out below.
  • OPTICAL GROWTH PARTNERS may at any time, terminate the Terms with you if:
    • you have breached any provision of the Terms or intend to breach any provision;
    • OPTICAL GROWTH PARTNERS is required to do so by law;
    • the provision of OPTICAL GROWTH PARTNERS’ products and services are, in the opinion of OPTICAL GROWTH PARTNERS , no longer commercially viable.
  1. Governing law
  • These Terms are governed by and construed in accordance with the laws in force in the State of New South Wales. You irrevocably submit to the exclusive jurisdictions of the Courts of the State of New South Wales and of the Commonwealth of Australia including any courts having appellate jurisdiction.
  1. Severance
  • If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the Terms will remain in force.


TERMS AND CONDITIONS

Win up to $5,000 in frames for your practice.

  1. The Promoter is: Optical Growth Partners (ACN 635 254 732) of registered office address 30 Banksia Broadway, Burleigh Waters QLD 4220.  
  2. The promotion is open to any independent optometry practice in Australia (excluding ACT).
  3. Employees of the Promoter or their family members or anyone else connected in any way with the competition or helping to set up the competition shall not be permitted to enter the competition. 
  4. The prize is for up to $5,000 in spectacle frames from the Optical Growth Partner suppliers Marchon Eyewear, De Rigo Pty Ltd, Matrix Eyewear Pty Ltd, Optique Line Pty Ltd and Eyes Right Optical Pty Ltd.
  5. To enter the promotion an entrant must sign up for a membership with Optical Growth Partners before the 30th September 2021.
  6. Closing date for entry will be at midnight 30/09/2021. After this time and date, no further entries to the competition will be permitted.
  7. No responsibility can be accepted for entries not received for whatever reason.
  8. The rules of the promotion are as follows: for each membership package a practice subscribes to, they receive one entry into the promotion. 
  9. The Promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the Promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the Promoter. 
  10. There will be one (1) prize draw and one (1) winner. The winner will receive one (1) prize package.
  11. No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability, and we reserve the right to substitute any prize with another of equivalent value without giving notice.  
  12. Winner will be drawn at random at 30 Banksia Broadway, Burleigh Waters QLD 4220 on Monday 4th October 2021.
  13. The winner will be notified by email and/or letter within 28 days of the closing date. If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner. 
  14. The Promoter will notify the winner how the prize can be collected.
  15. The Promoter’s decision in respect of all matters to do with the promotion will be final and no correspondence will be entered into. 
  16. By entering this promotion, an entrant is indicating his/her acceptance and agreement to be bound by these terms and conditions. 
  17. The promotion and these terms and conditions will be governed by Australian law and any disputes will be subject to the exclusive jurisdiction of the courts of Australia. 
  18. The winner agrees to the use of his/her practice name and image in any publicity material. Any personal data relating to the winner, or any other entrants will be used solely in accordance with current Australian data protection legislation and will not be disclosed to a third party without the entrant’s prior consent. 
  19. The winner’s name will be published on our website. 
  20. Optical Growth Partners & affiliates and associated companies will take no responsibility for prizes damaged or lost in transit, or late, lost or misdirected mail.
  21. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to the Promoter and not to any other party. Refer to the Promoter’s Privacy Policy.
  22. Optical Growth Partners assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries, and reserves the right to take any action that may be available.

 

  1. If for any reason this competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of the promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of this competition, the promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition.