Terms of service

Welcome to Eye Squared! The terms "we", "us" and "our" refer to Eye Squared. Eye Squared operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Eye Squared is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence. To use the Services you may be asked to provide certain information such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide is correct, current and complete. You are solely responsible for maintaining the security of your account credentials and all account activity.

SECTION 2 - OUR PRODUCTS

We have made every effort to accurately represent our products and services. However, colours or product appearance may differ from how they appear on your screen due to your device settings. We do not warrant that the appearance or quality of any products will meet your expectations or match what is depicted online. All product descriptions are subject to change at any time at our sole discretion.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Eye Squared reserves the right to accept or decline your order for any reason. Your order is not accepted until Eye Squared confirms acceptance and receives payment. Please review your order carefully before submitting, as Eye Squared may be unable to accommodate cancellation requests after an order is accepted. Your purchases are subject to our Refund Policy. You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping or handling charges. You agree to provide current, complete and accurate payment information for all purchases and to promptly update your account information as needed.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our control. Once we transfer products to the carrier, risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, images, graphics, video and audio, are owned by Eye Squared or its licensors and are protected by Australian and international copyright and intellectual property laws. These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify or transmit any material from the Services without our prior written consent. Eye Squared's name, logo, and slogan "Sharper Days Ahead" are trademarks of Eye Squared. All rights not expressly granted are reserved.

SECTION 7 - OPTIONAL TOOLS

You may be provided access to third-party tools as part of the Services, which we neither monitor nor control. We provide access to such tools "as is" without any warranties or endorsement. Any use of optional third-party tools is entirely at your own risk.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to third-party websites. We are not responsible for the content or accuracy of any third-party materials. If you leave our Services to access third-party sites, you do so at your own risk.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Eye Squared is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make are made directly with Eye Squared. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sales between you and Eye Squared. You expressly release Shopify and its affiliates from all claims arising from your purchases and transactions with Eye Squared.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read and agree to our Privacy Policy.

SECTION 11 - FEEDBACK

If you submit any ideas, suggestions, feedback or reviews, you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify and distribute such feedback for any purpose. You represent that you own all rights to your feedback and that it complies with these Terms.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions or availability. We reserve the right to correct any errors and update information at any time without prior notice.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful or malicious purpose, to violate any laws or regulations, to infringe intellectual property rights, to harass or harm any person, to transmit false or misleading information, or to transmit spam or unsolicited promotional material. You also agree not to upload malicious code, scrape or extract data from the Services, or interfere with the security or operation of the Services.

SECTION 14 - AGENTS

No automated agent or software may access or interact with the Services unless it identifies itself in all HTTP/HTTPS requests and operates in accordance with these Terms. We may limit by technical means whether and how any agent accesses the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services at any time without notice. You will remain liable for all amounts due up to the date of termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, EYE SQUARED AND ITS AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.

SECTION 18 - INDEMNIFICATION

You agree to indemnify and hold harmless Eye Squared, Shopify, and our affiliates, officers, directors, employees and agents from any losses, damages or claims arising from your breach of these Terms, your violation of any law, or your access to and use of the Services.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement between you and Eye Squared regarding your use of the Services and supersede all prior agreements. Failure to enforce any right or provision does not constitute a waiver.

SECTION 21 - ASSIGNMENT

You may not transfer or assign this Agreement without our prior written consent. We may transfer or assign these Terms without notice to you.

SECTION 22 - GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of New South Wales, Australia. You and Eye Squared consent to the jurisdiction of the courts of New South Wales.

SECTION 23 - CHANGES TO TERMS OF SERVICE

We reserve the right to update or change these Terms at any time by posting updates to our website. Your continued use of the Services following any changes constitutes acceptance of those changes. We will notify you of any material changes in accordance with applicable law.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to:

Eye Squared admin@eyesquared.com.au Shop 1, 179-185 The Boulevarde, Fairfield Heights NSW 2165 (02) 4960 8888