TERMS & CONDITIONS
1.1 This platform www.beyondeyez.com “Platform” is operated by Beyond EYEZ. Throughout this Platform, the terms “we”, “us” and “our” refer to Beyond EYEZ.
1.2 The following terms and conditions, including those additional terms and conditions and policies referred to anywhere in this Platform (collectively referred to as “Terms and Conditions”) shall apply to all visitors, users and any party who access this Platform. By visiting our Platformand/or purchasing the products sold on our Platform, you agree to be bound by the Terms and Conditions.
1.3 Please read this Terms and Conditions carefully before accessing or using our Platform. By accessing or using any part of our Platform, you agree to be bound by this Terms and Conditions. If you do not agree to any of the Terms and Conditions herein, then you may not access this Platform or purchase any of the products sold on our Platform.
1.4 We reserve the right to revise this Terms and Conditions at any time without prior notice to you. In the event of any revision(s) made to this Terms and Conditions, the revised Terms and Conditions will be posted on this Platform and shall be effective immediately. Please check this Terms and Conditions regularly as your access to this Platform pursuant to the revised Terms and Conditions being posted on this Platform shall constitute your consent to such revised Terms and Conditions.
1.5 We may, with or without prior notice, terminate any of the rights granted by this Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of this Platform.
2. YOUR DETAILS AND ACCOUNT
2.1 You represent and warrant that you are at least 18 years old and that you are legally eligible to enter into binding contracts.
2.2 In the event you intend to purchase products from our Platform, you are required to register and create an account with us as a customer. When creating your account, all information that you provide to us must be true, accurate, current, correspond to reality and complete in all respects. You are responsible for keeping any such information given to us complete and up to date. Should any of your information change, you shall change it online or notify us through email immediately.
2.4 At all material times, you are responsible for maintaining the confidentiality of your account and password. Your password should be unique and kept secured at all times. You will be solely responsible:-
(i) for all and any access to and use of this Platform by anyone who access your account using your password whether or not such access to your account is authorised by you;
(ii) all activities that occur under your account and/or password; and
(iii) for immediately notifying us of any unauthorized use of your password or any other breach or threatened breach of the security of this Platform.
2.5 We may cancel your account with us, with or without prior notice, at any time including but not limited to your non-compliance and/or violations of the Terms and Conditions herein in any way. We reserve the right to refuse and sale of our product(s) to you and/or terminate your account without prior notice if this Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.
2.6 You agree to be bound to this Terms and Conditions and to accept liability for harm caused by any wrongful use of this Platform resulting from such access or use.
3. USE OF OUR PLATFORM
3.1 When you use this Platform and place orders to purchase our product(s) through this Platform, you agree, but not limited to, the following:-
(i) use this Platform to make enquiries and legally valid orders only;
(ii) not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we have the right to cancel such order;
(iv) prohibit from any actions that will or may cause disadvantage, financial loss or other damages to other users of this Platform, third parties or Beyond EYEZ;
(v) prohibit from any actions that will or may be offensive to public order and morals, or violate laws, regulations, and ordinances;
(vi) prohibit from any false declarations when using this Platform for membership registration or other purposes;
(vii) prohibit from any illegitimate use of email addresses, passwords, or other personal information;
(viii) prohibit from using this Platform to solicit business or achieve other commercial ends for profit, or for preparations thereto; and
(ix) prohibit from other actions that may interrupt the operation of this Platform.
4. ACCURACY OF INFORMATION
4.1 While we endeavour to be as accurate as possible when describing the products available on this Platform, pricing, promotions, offers, product shipping charges and availability, to the extent permitted by applicable law, we:-
(i) do not warrant that the product descriptions, colours or any other content available on this Platform are accurate, complete, reliable, current, or error-free; and
(ii) reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in this Platform is inaccurate at any time without prior notice (including after you have submitted your order).
5. PRODUCTS FOR PERSONAL USE
5.1 The products available for your purchase on this Platform, including any samples that are provided you are strictly for personal use only. Unless you are registered as our authorised agent, you agree not to sell or resell any of our products that you have purchased through our Platform or samples that you have received from us.
5.2 You agree not to duplicate, reproduce, copy or exploit any of our product(s) and/or logo.
5.3 In the event we detect and/or suspect that you have used the product(s) purchased from this Platform in breach of any Terms and Conditions herein, we reserve the right to request for you to return and/or collect and/or take hold of such product(s) for us to conduct an investigation. In relation to this, we reserve all rights to take any actions for all losses and/or damages suffered by us.
6. DISCLAIMER AND LIMITATION OF LIABILITY
6.1 Subject to this Terms and Conditions, all products made available on this Platform are provided on an “as is” basis. We, including our directors, officers, employees and agents, to the extent permitted by applicable law, hereby disclaims any and all warranties, express of implied, including any warranty as to accuracy and completeness of the product(s).
6.2 We, including our directors, officers, employees and agents, to the extent permitted by applicable law:-
(i) will not be liable for any exemplary, punitive, direct, indirect, incidental, consequential or special damages arising out of or in connection with this Terms and Conditions and we make no (and hereby disclaims and negates any and all) warranties or representations whatsoever, express or implied, with respect to our product(s);
(ii) in no event will we be liable to any parties using the product(s) or to any other parties; and
(iii) In respect of this, you further agree to waive all special, indirect, exemplary, punitive, direct and consequential damages against us.
6.3 In any event, to the extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to us in relation to such product(s) allegedly giving rise to our liability.
7. YOUR OBLIGATIONS AND RESPONSIBILITIES
7.1 When you access this Platform, you agree that you will act in accordance with the law, custom and in good faith. Without limiting the generality of any terms of this Terms and Conditions, in the event of any breach by you of any terms herein, you shall be liable for all the losses and damages that this may cause to us or our partner.
8.1 You shall indemnify and keep us, including our directors, officers, employees and agents, our successors-in-title and/or legal assigns fully indemnified from and against all claims, actions, proceedings, damages, costs, expenses and any other losses of whatsoever nature (including the legal expenses on a full indemnity basis) which we may suffered or incur arising from or in any way attributable, including without limitation, to the followings: -
(i) your breach of any of the terms of this Terms and Conditions or any applicable law;
(ii) any negligence or default or wilful misconduct (including any non-compliance with any of the terms herein);
(iii) any action or other proceeding in court taken by us to enforce or to recover damages for breach of any terms of this Terms and Conditions; and/or
(iv) any claims by third parties against us arising from a breach by you.
8.2 This indemnity shall continue in force notwithstanding the termination of your account.
8.3 For the avoidance of doubt, we disclaim any and all liabilities or lawsuits made against you.
9. INTELLECTUAL PROPERTY
9.1 All information and content available on this Platform and product(s) available on this Platformincluding but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images and/or audio clips (hereinafter collectively known as "Content") is the property of us.
9.2 Neither the Content nor any portion of the Platform may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose whatsoever without our express, prior written consent.
9.3 For the avoidance of doubt, you are not allowed to use our Content, including but not limited to as follows:-
(i) in connection with any product(s) in any way that is likely to cause confusion; and/or
(ii) in any manner that disparages or discredits us.
10.1 You that all Confidential Information received from us are confidential and are not to be disclosed to or relied upon by anyone else, except with the prior written consent from us.
10.2 “Confidential Information” shall include, without limitation, all information transmitted in writing, orally, visually, electronically or on magnetic media, and including all financial and credit report, product plans and technologies, technical information, trade secrets, know-how, ideas, concepts, designs, drawings, sketches, flow charts, blue prints, diagrams, test data, applications, progress reports, methods research and any other personal or intellectual property relating, as appropriate, to the you and shall not include information that-
(i) is known to you prior to your receipt or becomes known to you by disclosure from a third party who has a lawful right to disclose the information;
(ii) is or becomes known to the public; and/or
(iii) is required to be disclosed by any relevant governmental authority or court of competent jurisdiction.
10.3 All obligations to preserve Confidential Information shall survive the termination of this Terms and Conditions and your account with us.
11. DISPUTES AND GOVERNING LAW
11.1 In the event of any disputes between you and us, we shall endeavour to settle all disputes, amicably by mutual consultation.
11.2 In the event that you and us are unable to reach an amicable settlement, such disputes shall be finally referred to the exclusive jurisdiction of the Australian Courts for adjudication.
12.1 If any of the terms of this Terms and Conditions or any part thereof is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining terms of this Terms and Conditions shall not in any way be affected or impaired thereby.
13. FORCE MAJEURE
13.1 We shall not be liable for any failure to perform any of our pursuant to this Terms and Conditions if the failure results from events beyond the reasonable control of us. For the purpose of this Terms and Conditions, such events shall include, but not limited to, strikes, lock-outs, or other labour disputes, riots, civil disturbances, actions or inactions of government authorities or supplies, epidemics, wars, embargoes, acts of God or other catastrophes.
14.1 The failure of us at any time to enforce any of the provisions of this Terms and Conditions shall not in any way affect our full right to require such performance at any time thereafter, nor shall the waiver of a breach of any terms herein be taken or held to be a waiver of any succeeding breach of such terms nor as a waiver of the terms itself, and this Terms and Conditions shall, in all respects, remain valid and our right thereafter to enforce each and every terms strictly shall remain unaffected.
14.2 The rights and remedies provided in this Terms and Conditions are cumulative, and are not exclusive of any rights or remedies of you and/or us provided at law, no failure or delay in the exercise or the partial exercise of any such right or remedy or the exercise of any other right or remedy will affect or impair any such right or remedy.