Welcome to the website of Dimple Optics Pty Limited (ACN 625 221 543) trading as "Dimple"("we", "us", “our” or “Dimple”). Dimple is a leading online-only contact lenses brand offering our high quality Dimple daily disposable contact lenses (ARTG No: 312684), manufactured by Gelflex Laboratories at low prices directly to our customers by means of a personalised subscription plan you select.
Our website is located at www.dimplecontacts.com and includes all of the files located in that domain (the “Site").
1. Agreement to these website terms and conditions of use
By accessing this Site and/or purchasing Dimple contact lenses (the “Products”), you engage in our personalised service including all features and functionalities, marketing campaigns, the website and user interfaces, as well as content and software associated with our service (the “Services”) and you agree to be bound by these terms and conditions of use ("Website Terms and Conditions of Use", “Terms”). These Website Terms and Conditions of Use constitute a binding agreement between you and Dimple and govern your use of this Site.
Please read these Terms carefully before accessing or using this Site. If you do not agree to these Terms, please do not access this Site or use any of the Services or buy any of our Products.
Legal capacity to transact
If you are under 18 years of age, you cannot place orders through this Site. By using this Site, you represent and warrant to Dimple that you are over the age of 18 years. Should Dimple suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
We may, in our sole discretion, refuse to offer our Services to any person or entity and we may change our eligibility criteria at any time. The Services and Products we offer are for your use only and are not intended for the use or benefit of any third party.
2. Restrictions on use
Your use of this Site is subject to the rules set out in Schedule 1 below.
Violations of these Website Terms and Conditions of Use
Without limiting any other remedies available to Dimple at law or in equity, Dimple reserves the right to, without notice:
- temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide Products to you if:
- you breach any provision of these Website Terms and Conditions of Use;
- Dimple is unable to verify or authenticate any information that you provide to us; or
- Dimple believes that your actions may cause damage and/or legal liability to Dimple, any of its customers or suppliers or any other person; and
- remove or block access to any information and/or materials (in whole or in part) that Dimple, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Website Terms and Conditions of Use.
You indemnify and hold harmless Dimple and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any claims, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
- any material or information that you submit, post, transmit or otherwise make available through this Site;
- any proceedings brought against Dimple to extent that such proceedings arise in connection your use of, or connection to, this Site; or
- your negligence or misconduct, breach of these Website Terms and Conditions of Use or violation of any law or the rights of any person.
3. Registration and account security
Requirement for registration
Dimple reserves the right to make any parts of this Site accessible only to users who have registered an account with us.
Username and password
Upon registering with this Site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this Site. Dimple will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that Dimple will be entitled to assume that any person using this Site with your username and password is you or your authorised representative.
You must notify Dimple immediately of any known or suspected unauthorised use of any password or any other breach of security.
In order to register an account with this Site, you must agree to these Website Terms and Conditions of Use and provide Dimple with:
- a valid email address;
- current, complete and accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator, credit card number, or credit card expiration date); and
- any other information that may be required by Dimple during the registration process.
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to Dimple that all information provided to Dimple by you, including the information provided by you through our account registration process or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.
Multiple accounts and automated account opening
One person may not maintain more than one account with this Site. Accounts registered by "bots" or other automated methods are not permitted.
Approval of registrations
Dimple may accept or reject any application for registration of an account with this Site in its sole discretion.
4. No medical or healthcare advise
Dimple is not a healthcare provider and does not offer medical advice or services.
By using our Services, you acknowledge and agree that any information offered on our Site or otherwise to you by us is intended for informational purposes only and not as a substitute for the advice provided by your Eye Care Professional or any other medical or healthcare professional.
Dimple is a subscription service that offers different subscription plans for its Products (“Subscription Plan(s)”). A different subscription fee (“Subscription Fee”) applies to each Subscription Plan. Information on the Subscription Plans is available at www.dimplecontacts.com.
If you already have an account with us, you can change your Subscription Plan by visiting www.dimplecontacts.com and logging in to the customer portal via the “Login” link using your email address and chosen password.
Our Site will guide you through our streamlined process required to place an order for the Products. To place an Order, you will need to click on the “Place My Order” button once you complete the checkout process. Before you can place your order, you will be required to confirm your acceptance of our Terms by ticking the appropriate box.
Order constitutes offer
By placing an order through this Site, you make an irrevocable offer to us to purchase the Products that you have selected pursuant to these Website Terms and Conditions of Use. Information contained in this Site constitutes an invitation to treat only. No information in this Site constitutes an offer by us to supply any Products to you – however, Dimple will endeavour to supply your selected Products to you.
By placing an order with us, you acknowledge and agree that:
- you are over the age of 18 years and legally capable of entering into a binding agreement;
- you have a current, valid lens prescription for the Products (i.e. Dimple contact lenses) you are ordering from our Site (that has not passed its expiry date) from an optometrist, ophthalmologist or equivalent qualified eye care professional (“Eye Care Professional”). It is your sole and absolute responsibility to ensure that the information you provide to Dimple and/or enter on our Site, including when placing an order for Products, is in strict conformity with what has been prescribed by your Eye Care Professional. If you do not have a valid prescription for the Products, not to worry - please contact us before placing an order and we can arrange for you to visit one of our partner Eye Care Professionals, who can assist in providing you with a valid prescription, so that you can order our Products, no fuss. Alternatively, we can arrange our fitting guide and trial contact lenses to be available at your local optometrist before you place an order;
- contacts lens prescriptions may vary from spectacle/glasses prescriptions, and that you are ordering the correct prescription for your contact lenses and NOT for your spectacles/glasses;
- the information provided to us matches the prescription issued to you by your Eye Care Professional in every respect and any other information that you provide to us in placing your order is accurate and complete in all respects;
- your prescription has not expired and is not due to expire and is valid within the time specified by the Eye Care Professional;
- you will renew and maintain your prescription in strict accordance your Eye Care Professional’s suggested instructions and you will inform us immediately if there are any changes to your prescription details or any other information that you have provided to us;
- the Products purchased from our Site are for your personal use only;
- you will use the Products in strict accordance with the instructions and information provided with the Products and in accordance with any advice provided by your Eye Care Professional;
- you are not registered as partially sighted or blind;
- in the event that you have any queries pertaining to the fit, use or suitability of the Products, such queries will be addressed with your Eye Care Professional;
- Dimple is not in any way obliged to fulfil your order unless you have a valid prescription;
- you must, on request by Dimple, produce a copy of your current contact lens prescription to Dimple or any other information Dimple deems necessary, to enable Dimple to verify your prescription information with your Eye Care Professional;
- By placing an order through this Site, you acknowledge and agree that it represents a request for Products by you, which fulfills the needs of you yourself and no other person;
- Dimple will not be held responsible if you have incorrectly inserted your prescription details on our Site or your eyes do not tolerate the Products ordered by you except where this is caused by the negligence of Dimple.
We will not commence processing any order made through this Site unless and until:
- payment for the order has been received by us in full; and
- the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
Refusal of orders
We reserve the right at our discretion to:
- at any time prior to your order being accepted in accordance with these Website Terms and Conditions of Use, cancel all or part of your order; and
- at any time:
- refuse to provide Products to you;
- terminate your access to this Site; and/or
- remove or edit any content on this Site.
- Examples of some of the grounds upon which we may elect to reject an order, include but are not limited to the following:
- The Products you have selected are not in stock;
- The Products are listed at an incorrect price or with incorrect information due to any oversight;
- The information you have provided us is inaccurate, incomplete or incorrect;
- The order does not meet a minimum value order;
- There is a duplication of the order in error;
- Authorisation of payment cannot be obtained;
- The order is for or appears to be for commercial use; or
- Delivery is requested to any address outside of our delivery area.
Acceptance of orders
Acceptance of each order will take place once we accept your order and payment has been processed. We will confirm our acceptance by sending you an email confirming your order. You will then receive a further email within 1 to 2 business days thereafter with a tracking code, so you can follow your shipment all the way to your specified delivery address. Once our initial email confirmation of your order has been sent, a formal agreement is in place between you and Dimple, on the terms set out in these Terms. You will be receive emails confirming when the Products are dispatched.
If there is any discount code being offered by Dimple at any time, such discount code must be applied at checkout for new customers or through the customer portal for existing customers for any discount to be redeemed. Discounts will not be refunded post purchase.
In the email correspondence, you will be provided with an order number. Please reference this number should you be required to contact us about your order.
Title to, and risk in, the Products will pass from Dimple to you at the time in which the Products are dispatched by Dimple to the delivery address you specified when you placed the order, provided that the full payment of all sums in respect of the Products, including any delivery charges, have been received.
Editing an Order / Subscription Plan
You can edit your subscription details by logging into your account on our Site and going to the “My Subscription” section. Through your account, you can change your next delivery date, change the lens powers if your prescription has changed, modify the frequency of your deliveries, update your personal and payment details or cancel your subscription.
If an order has already been placed on our Site and you wish to amend your order after placement, please contact us by telephone or email as soon as possible. We will endeavour to amend your order where possible, however we reserve the right at our complete discretion not to accept the amendment. If we do not accept the amendment, you may cancel your Subscription Plan if you wish in accordance with the cancellation terms below. Any amendment to an order will only be binding once accepted by us in writing.
6. Free trial period
Your access to the Dimple Services including your Subscription Plan may commence with a free trial period or other promotional discount or benefit as determined by Dimple in its absolute discretion. The free trial shall last for 10 days (equating to 10 pairs of our contact lenses plus a shipping fee of $6.95) (“Free Trial”) commencing on the date you receive your first pair of our lenses and ending 10 days later, once you have used the tenth pair (“Free Trial Period”). This is intended to allow you to try our Products.
By signing up to the Free Trial, you acknowledge and agree that you are also signing up for a Subscription Plan.
Prior to the completion of the Free Trial Period, we will send you an email confirming that the Free Trial is coming to an end. Your paid prescription will commence 15 days after you placed your Free Trial order, and we will then immediately commence billing you for the Subscription Plan you have selected. Thereafter, you will be billed on a recurring monthly basis, unless you specify a different frequency for the delivery of the Products through your account profile on our Site or by contacting us, in which case, you will be billed at that frequency.
We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Free Trial in our absolute discretion.
The Free Trial is open to new customers only.
It is your sole responsibility to know:
When the Free Trial Period ends;
To opt out of the Subscription Plan prior to the end of the Free Trial Period if you do not wish to commence a Subscription Plan; and
The applicable Subscription Fee for your Subscription Plan.
By providing your payment details in conjunction with the Free Trial, you agree to the ongoing charges using such payment details. If you do not wish to be billed any recurring charges, it is your sole responsibility to cancel your Subscription Plan through your user profile on the Site or by contacting us prior to the completion of the Free Trial Period at firstname.lastname@example.org.
You acknowledge that our supply of Products to you during the Free Trial Period does not constitute a sale of the Products to you.
7. Subscription plan cancellation
During or following your Free Trial Period, you may cancel your Subscription Plan at any time by logging into your account. At the bottom of that page is a “cancel subscription” link. Once you click on this button, your Subscription Plan will be cancelled.
If you have trouble cancelling your Subscription Plan through your account, feel free to contact us at email@example.com or via the details as referenced on our Contact Us page on our Site.
It remains your sole responsibility to cancel your Subscription Plan prior to the next renewal date under your Subscription Plan, should you wish to do so, and Dimple shall not be responsible for cancellation requests that are made by email or phone and not addressed by customer service in advance of your next renewal date unless your inability to cancel through your account was due to a technical error on the Site. If you terminate your Subscription Plan, your subscription will not be renewed after your then-current subscription term expires.
8. Prices and availability
Dimple reserves the right to change the prices for Products and to our subscription plans displayed in this Site at any time before you place an order. We will notify you in advance of any pricing changes that may affect future orders.
While we endeavour to ensure that all prices shown on our Site are correct, sometimes errors may occur, and in those circumstances, where the price of a Product is lower than what you have paid, we will refund the difference to you, and continue to despatch your order in the same manner. If the correct price is higher, we may contact you to discuss further before we accept your order.
All of our products are subject to availability. If you have ordered a Product from our Site that is not currently in stock, we will send you an email confirming when the Product will be available, and you will have the option to wait for the Product or cancel your order.
9. Delivery and delivery costs
We endeavour to deliver the Products to you at the delivery time stipulated in your order confirmation, unless you subsequently change the frequency through your account profile on our Site.
Please ensure the delivery address you have provided is correct. If it contains any errors, Dimple may not be in a position to provide you with the Products you have ordered, or the provision of the Products you order may be delayed.
Delivery costs for Free Trial
We use Australia Post eParcel for all of our deliveries and we charge a discounted postage fee of $6.95 for delivery. All of our deliveries come with a tracking code, so you will be able to determine when your Products will be delivered.
The prices shown on our Site for the Free Trial cover the cost of delivery and will be shown separately on our Site at checkout.
All recurring charges in respect of your Subscription Plan are inclusive of delivery charges.
In the event that you are not available to accept delivery of your Products and it is necessary to re-arrange delivery, Dimple reserves the right to charge a reasonable additional amount to cover the cost of such re-delivery.
10. Payment and payment methods
Payment for orders placed through this Site may be made by credit or debit card processed online using our secure third-party payment gateway, Stripe, Inc. (“Payment Gateway”). We are currently only accepting Visa and Mastercard as payment methods.
Prescription contact lenses are not subject to GST.
We do however charge GST on the shipping costs of our Free Trial orders. Any applicable delivery charges will be displayed on our Site.
For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to the Payment Gateway, other than information that is required in order to process your order and deliver your purchased Products to you (e.g., your name, email address and billing/postal address).
Dimple does not accept any responsibility for any errors made by the Payment Gateway. By providing your credit or debit card details, you confirm that you are authorised to use that payment method, and you authorise Dimple, through the Payment Gateway to charge your payment method for the total amount of your order.
Expired Credit/Debit Cards
Our subscription software keeps track of your card expiry date. We will notify you by email if your card is expiring soon. Please log in and update your payment details with your new card as soon as possible to avoid payments being declined.
If an order is declined for any reason by your payment provider, Dimple will send you an automated email notifying you of the unsuccessful transaction. You can either update your payment details or contact us to resolve the issue. Our payment system is set to try run the payment again 2 days after the unsuccessful transaction, and again 2 days after that. If the payments continue to be declined, we will stop attempting to process your payment. Any payment issues will need to be resolved prior to your Subscription Plan recommencing. Dimple shall not be responsible for any delays to your order in the event that your credit or debit card is declined for any reason whatsoever and it is your responsibility to ensure your credit or debit card details are up to date.
At the end of the Free Trial Period and each subscription period thereafter (i.e. either 4 weeks, 6 weeks or 8 weeks, depending on the Subscription Plan you have selected), Dimple will automatically renew your Subscription Plan and charge your credit/debit card the subscription fee selected unless and until you cancel your account with us. Your non-termination or continued used of our Services reaffirms that Dimple is authorised to charge your credit or debit card in advance on a periodic basis, in accordance with the Subscription Plan you have selected. In addition, you agree to pay any charges we so incur, including but not limited to, any charges due at the time of termination for any Products ordered and shipped prior to cancellation, but not returned to us in accordance with the Dimple Returns Policy set out below.
Refunds and other remedies
Except as expressly provided otherwise in these Website Terms and Conditions of Use, all amounts paid through this Site are non-refundable. Further information on the steps that Dimple will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading "Remedies limited" in these Website Terms and Conditions of Use below.
While the Payment Gateway and our Site hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than Dimple.
Dimple may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as Dimple considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
11. Intellectual property
In these Website Terms and Conditions of Use, the term "Proprietary Content" means:
- this Site;
- all of its content (including all of the text, graphics, designs, software, data, photographs and other images, sound and video files and other information contained in this Site, and the selection and arrangement thereof); and
- all software, systems and other information owned or used by Dimple in connection with the Products offered through this Site (whether hosted on the same server as this Site or otherwise).
All Proprietary Content is the property of Dimple or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Usage Terms or with the prior written consent of Dimple or other copyright owner (as applicable).
You may download and print out content from this Site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
Dimple’s logo and the phrase "Dimple" are trademarks of Dimple. The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of Dimple. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of Dimple.
In these Website Terms and Conditions of Use, the term "User Content" means any and all content that is submitted, posted or otherwise added to this Site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
This Site contains some features that enable you and other users to upload User Content. Dimple reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
- represent and warrant to Dimple that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
- grant to Dimple a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at Dimple’s absolute discretion.
If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this Site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
12. Disclaimer and warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIMPLE AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This Site is provided strictly on an "as is" basis. To the maximum extent permitted by law, Dimple and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that:
- the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
- this Site will meet your requirements or expectations;
- anything on this Site, or on any third-party website referred or linked to in this Site, is reliable, accurate, complete or up-to-date;
- the quality of any Products, information or other material purchased or obtained through this Site will meet any particular requirements or expectations;
- errors or defects will be corrected; or
- this Site or the servers that make it available are free of viruses or other harmful components.
13. Limitation of liability
Exclusion of liability
To the maximum extent permitted by law, Dimple and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms and Conditions of Use or the use of this Site by you or any other person.
To the maximum extent permitted by law, Dimple and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at Dimple's sole discretion):
- in the case of goods, to any of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods;or
- the payment of the cost of having the goods repaired; and
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
You agree that your use of this Site, the Products and the Services is at your own risk. To the maximum extent permitted by law, you agree to release Dimple and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms and Conditions of Use, your use of the Products or Services, or the use of this Site by you or any other person. Dimple may plead this release as a bar and complete defence to any claims or proceedings.
To the maximum extent permitted by law, and without limiting any other provision of these Website Terms and Conditions of Use, Dimple excludes liability for any delay in performing any of its obligations under these Website Terms and Conditions of Use where such delay is caused by circumstances beyond the reasonable control of Dimple, and Dimple shall be entitled to a reasonable extension of time for the performance of such obligations.
14. Third party sites
Occasionally, we may make available through our Site, a link to a third-party website. These links will allow you to leave our Site. These third-party websites are not under our control and we do not accept any responsibility for the content, privacy practices, functions, accuracy, legality or appropriateness of any linked website or any link contained in a linked website, or any changes or updates to such site. When you access third-party resources on the internet, you do so at your own risk. Our links with any third-party website should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked third-party websites.
You acknowledge and agree that Dimple shall not be responsible or liable, either directly or indirectly for any loss or damage caused by or in connection with your use of or reliance upon any content or the purchase of other goods or services obtained on such website(s).
In these Website Terms and Conditions of Use, the following rules of interpretation apply:
- headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms and Conditions of Use;
- these Website Terms and Conditions of Use may not be construed adversely against Dimple solely because Dimple prepared them;
- the singular includes the plural and vice-versa;
- a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
- the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
Dimple may provide any notification for the purposes of these Website Terms and Conditions of Use by email and/or by adding the notification into your user control panel.
Except as specifically provided in these Website Terms and Conditions of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms and Conditions of Use.
You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms and Conditions of Use without Dimple's prior written consent. Your registration with this Site is personal to you and may not be sold or otherwise transferred to any other person.
Dimple may assign, transfer or sub-contract any of its rights or obligations under these Website Terms and Conditions of Use at any time without notice to you.
The parties acknowledge and agree that nothing in these Terms will constitute one party the partner of, employee of, agent of, or joint venturer with, the other and that, other than as expressly provided for in these Terms, no party will have the right to bind the other without the other’s prior written consent.
Third Party Rights
The agreement is between you and us and no other person shall have any rights to enforce any of its terms.
Waiver of any power or right under these Website Terms and Conditions of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Dimple to act with respect to a breach by you or others does not waive Dimple's right to act with respect to that breach or any subsequent or similar breaches.
The provisions of these Website Terms and Conditions of Use are severable and, if any provision of these Website Terms and Conditions of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed, and the remaining provisions shall be enforced.
We reserve the right to amend these Website Terms and Conditions of Use and any other policy on this Site at any time in our sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Site or the Products offered through this Site.
You may only vary or amend these Website Terms and Conditions of Use by written agreement with Dimple.
Governing law and jurisdiction
These Website Terms and Conditions of Use (including any non-contractual obligations arising out of or in connection with them) are governed in all respects by the laws of New South Wales, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia and the courts of appeal from them.
Any questions about our Site or our Services, should be sent to us at: firstname.lastname@example.org or via the details as referenced on our Contact Us page on our Site.
Schedule 1 – Prohibited conduct
YOU MUST NOT:
- use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Site;
- engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
- use this Site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
- use this Site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
- use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Site;
- use this Site by any automated means;
- use this Site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
- access, retrieve or index any portion of this Site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
- interfere with the display of any advertisements appearing on or in connection with this Site;
- reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Site;
- reproduce, duplicate, copy or store any of the material appearing on this Site other than for your own personal and non-commercial use;
- falsely imply that any other website is associated with this Site;
- do anything that leads, or may lead, to a decrease in the value of Dimple's intellectual property rights in this Site;
- use or exploit any of the material appearing on this Site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Site;
- release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Dimple without Dimple's prior written consent; or
- use this Site to transmit any information or material that is, or may reasonably be considered to be:
- abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
- libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
- infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
- in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
- in breach of any person’s privacy or publicity rights;
- a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
- in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
- containing any political campaigning material, advertisements or solicitations; or
- likely to bring Dimple or any of its staff into disrepute.
Dimple Returns Policy
Dimple Optics Pty Limited trading as "Dimple" (ABN 50 625 221 543) ("we", "us" or “Dimple") prides itself on providing products of the highest quality and is committed to customer satisfaction. This returns policy describes generally how we manage product returns. Returns remain subject to our Usage Terms (https://dimpleoptics.com/website-terms).If you would like more information, please do not hesitate to contact us.
Please note that Dimple DOES NOT offer any returns, refunds or exchange on any Dimple Free Trial Products. Please bear this in mind when reading the below terms of our Dimple Returns Policy.
If you have placed an order with us and wish to retract your order for any reason – even if you simply change your mind – we will provide you with a full refund of your most recent Subscription Fee provided the Products are returned to us unopened within 21 days of the date the order was made on our Site. Refund requests must be made directly to us at www.dimplecontacts.com. We are not liable for Products that are damaged or lost in transit to Dimple.
Once Dimple has received your returned order and verified that it has been returned in its original, unopened condition, Dimple will credit the amount paid for the returned Products to the payment method used by you to make the original purchase.
Dimple does not control when a specific credit card or payment method company processes a chargeback transaction. You are solely responsible for contact your payment method company if you have any questions about the status of the chargeback.
Dimple will not provide a refund that is received by us, which is more than 21 days after the date the initial order was placed on our Site. We also do not provide refunds for returned Products that are opened, or for any damage due to lack of care, misuse, accident, abuse, abnormal use or mishandling.
Returns and Exchanges
Replacement or credit as remedy
If you are not satisfied with any Products that you receive from us, please let us know as soon as possible as we may be able to replace the Products for you. In some circumstances, we may provide a credit instead of replacement at our discretion.
Although we strive to provide our Products in top condition, sometimes there are matters beyond our control. In the unlikely event that the Products you receive are defective, or a blister pack is opened, or in the event that a Product is being returned because we have accidentally sent you the wrong item, you can either request a refund or replacement of the Product by notifying us in writing. Please email us at email@example.com or contact us via the details as referenced on our Contact Us page on our Site.
What you must return to us
To receive a replacement or refund, you must first return the Product to us in its original condition with tamper seal stickers still intact (including any Dimple packaging, but excluding any exterior delivery packaging to be unopened and unmarked). Any Products that are returned to us will be thoroughly assessed by our team, and upon confirmation that they satisfy the conditions specified above, will be refunded in full.
Where Dimple has already taken payment, we will endeavour to credit your payment card with the amount of the refund within 30 days of the date your return the Products to us.
If you have placed an order with the wrong contact lens prescription, or if your contact lens prescription has changed since you placed the order with us, we will accept changes provided the Products have not expired and they are in their original unopened packaging, as specified above. Any return postage/shipping costs shall be at your sole expense.
Products to be exchanged must be returned to us within 30 days of the date the Products were shipped to you. Before sending any Products to us for exchange, please email us at firstname.lastname@example.org or contact us via the details as referenced on our Contact Us page on our Site and clearly state the reason for the exchange.
Please ensure that all Products are carefully packed before returning to us to ensure they are not damaged in transit. Our Products should be packed in a suitable shipping box or bubble wrap mailer bag. We DO NOT recommend that you pack our Products in an envelope and we shall not be responsible for any damage sustained in transit.
In all cases, you must pay the costs involved in shipping the returned Products back to us. If we consider that Dimple is not at fault, then no reimbursement in respect of those shipping costs will be provided. If we consider that Dimple is at fault, then we will reimburse you for your reasonable shipping costs incurred in returning the Product(s) to us.