Terms of service

Terms of Service

Overview

Welcome to Upgraded Vision! The terms "we", "us" and "our" refer to Upgraded Vision. Upgraded Vision 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"). Upgraded Vision 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, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

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

Nothing in these Terms excludes, restricts or modifies any consumer rights or guarantees you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) ("ACL") that cannot lawfully be excluded, restricted or modified. To the extent any provision of these Terms would do so, that provision does not apply to you.

Section 1 - Access and Account

By agreeing to these Terms of Service, you represent that you are at least 18 years of age, or the age of majority in your state or territory of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

Section 2 - Our Products

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colours or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

Subject to your rights under the Australian Consumer Law, we do not warrant that the appearance of any products or services will be exactly the same as depicted or rendered in our online store, due to such device and display variations.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person or geographic region within Australia, on a case-by-case basis.

Section 3 - Orders

When you place an order, you are making an offer to purchase. Upgraded Vision reserves the right to accept or decline your order for any lawful reason at its discretion. Your order is not accepted until Upgraded Vision confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Upgraded Vision may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange in accordance with our Refund Policy [LINK] and your rights under the Australian Consumer Law.

Section 4 - Prices and Billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. All prices are displayed in Australian Dollars (AUD). Unless otherwise expressly stated, posted prices include GST where applicable but do not include shipping and handling charges, which will be shown at checkout.

We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorised to use the chosen payment method for the purchase, and (iii) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

Section 5 - Shipping and Delivery

All delivery times are estimates only and are not guaranteed. To the extent permitted by law, and subject to your rights under the Australian Consumer Law, we are not responsible for delays caused by shipping carriers or events outside our reasonable control. Risk of loss for products passes to you on delivery. Nothing in this section limits any guarantee that goods will be delivered within a reasonable time where no time is specified, as provided under the Australian Consumer Law.

Section 6 - Intellectual Property

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Upgraded Vision, its affiliates or licensors and are protected by Australian and foreign copyright, trademark and other intellectual property laws.

These Terms permit you to use the Services for your personal and ordinary business use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright, or other intellectual property of Upgraded Vision, Shopify or any third party. All rights not expressly granted herein are reserved by Upgraded Vision.

Upgraded Vision's names, logos, product and service names, designs, and slogans are trademarks of Upgraded Vision or its affiliates or licensors. You must not use such trademarks without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Section 7 - Optional Tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over.

You acknowledge and agree that, to the extent permitted by law, we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. Any use by you of the optional tools offered through the site is at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

Section 8 - Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

To the extent permitted by law, we are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review the third-party's policies and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

Section 9 - Relationship with Shopify

Upgraded Vision is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Upgraded Vision. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Upgraded Vision. Nothing in this section affects your rights under the Australian Consumer Law against Upgraded Vision as the supplier of the goods.

Section 10 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services may be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide services to you. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Review our Privacy Policy [LINK] for more details.

Section 11 - Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation to maintain your Feedback in confidence, to pay compensation for it, or to respond to it.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or that violates any party's intellectual property or these Terms. You agree that your Feedback will not violate any right of any third party, will not be unlawful or abusive, and will not contain any malware. You may not use a false email address or misrepresent the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy.

Section 12 - Errors, Inaccuracies and Omissions

Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order). Where we cancel an order you have already paid for, we will refund you in full.

Section 13 - Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe upon our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, intimidate, or harm any person; (e) to transmit false or misleading information; (f) to transmit any unsolicited advertising or "spam"; (g) to impersonate any other person or entity; or (h) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm Upgraded Vision, Shopify or users of the Services.

In addition, you agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) phish or pretext the Services; or (e) interfere with or circumvent the security features of the Services. We reserve the right to suspend, disable, or terminate your account if we reasonably determine that you have materially violated these Terms.

Section 14 - Termination

We may terminate this agreement or your access to the Services (or any part thereof) at any time, and you will remain liable for all amounts due up to and including the date of termination. Termination does not affect any rights or remedies that have already accrued to you, including under the Australian Consumer Law.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 15 - Consumer Guarantees and Disclaimer of Warranties

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. For a major failure with a product, you are entitled to a replacement or refund and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms excludes, restricts or modifies these guarantees.

Other than as required by the Australian Consumer Law and any other applicable law that cannot be excluded, and to the extent permitted by law, the Services and general information presented through the Services are provided for general information purposes only, and we do not warrant that your use of the Services will be uninterrupted, timely, secure or error-free.

Section 16 - Limitation of Liability

Nothing in these Terms limits or excludes our liability for: (a) any breach of the consumer guarantees under the Australian Consumer Law; (b) death or personal injury caused by our negligence; (c) fraud or fraudulent misrepresentation; or (d) any other liability that cannot be limited or excluded under applicable law.

Where goods or services we supply come with a guarantee that cannot be excluded under the Australian Consumer Law, and where we are entitled to do so, our liability for breach of such a guarantee in respect of goods or services not ordinarily acquired for personal, domestic or household use is limited (at our option) to replacement or repair of the goods, resupply of the services, or payment of the cost of doing so.

Subject to the above, and to the fullest extent permitted by law, Upgraded Vision will not be liable for any indirect, incidental, special or consequential loss, including loss of profits or revenue, arising from your use of the Services or any products procured through the Services.

Section 17 - Indemnification

You agree to indemnify and hold harmless Upgraded Vision and our affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your misuse of the Services. This indemnity does not apply to the extent any loss or claim arises from our own negligence, breach, or failure to comply with the Australian Consumer Law.

Section 18 - Severability

In the event that any provision of these Terms of Service 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 severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 19 - Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us in respect of the Services constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements between you and us.

Section 20 - Assignment

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations on reasonable notice to you, provided this does not reduce the rights or guarantees you have under the Australian Consumer Law.

Section 21 - Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of Queensland and the Commonwealth of Australia. You and Upgraded Vision submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.

Section 22 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

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

Section 23 - Contact Information

Questions about the Terms of Service should be sent to us at upgradedvision@use.startmail.com.

Our contact information is posted below:

Upgraded Vision ABN: 86543787712 upgradedvision@use.startmail.com 15 Rapallo avenue, isle of capri, gold coast, 4217, 0451566976 

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