BY CLICKING "SUBMIT" ON THE ORDER PAGE YOU AGREE WITH THIS BINDING AGREEMENT. YOU AGREE THAT THIS AGREEMENT MAY BE SIGNED ELECTRONICALLY AND THAT SUCH ELECTRONIC SIGNATURE SHALL CONSTITUTE AN ORIGINAL VALID SIGNATURE. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. YOU AGREE THAT BY USING THE SERVICE, INCLUDING ORDERING GLASSES FROM IT, AND YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

BINDING AGREEMENT. This is a binding agreement. By using this Internet site located at www.GetFramed.com.au  (the “Site”), ordering glasses, or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms and Conditions, as they may be amended by GetFramed from time to time in its sole discretion. If at any time you find these Terms of Use unacceptable, you must immediately leave the Site and stop all use of the Service and the Site.

• PRIVACY POLICY. GetFramed respects your privacy and permits you to control the treatment of your personal information. A complete statement of GetFramed’s current privacy policy can be found by clicking here. GetFramed’s privacy policy is expressly incorporated into this Agreement by this reference.
   
• USE OF ORDER FORMS. GetFramed uses order forms available to you from the Site. These forms and use of the website are deemed to be licensed to you by GetFramed, for your personal use only and for the limited purpose of placing an order with GetFramed for eyeglasses. All photos, graphics, drawings, text, descriptions, calculations, trademarks and logos are owned by GetFramed or its suppliers and you may not copy or use them in any manner.
   
• ORDER PROCESS. When an order is made GetFramed starts production on your glasses within 24 Hours, and often sooner.
  • NOTE: If there are any changes or cancellations to be made they must be made within 24 hours of the order after which we cannot alter the order.
  • REFUND: We only refund 50% of the order and only if cancelled within 24 hours of placing it. Most orders will be shipped from Hong Kong within 7 to 14 days from date of the order, depending on prescription type.
  • Your order is placed for processing by a factory in China or other locations. Therefore timing of delivery, receipt of the order by you and other timing expectations might be delayed or impaired and orders can take longer than expected.
  • We urge you to KEEP YOUR CURRENT glasses as a backup pair.
• GETFRAMED IS NOT RESPONSIBLE FOR THE FOLLOWING. You agree that GetFramed shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure to deliver, failure in performance or interruption of service, resulting directly or indirectly from: (a) acts of God, acts of any governmental agency, natural disasters, acts of war, insurrection or terrorism, strikes or lockouts, unauthorized network or computer intrusion, or Internet- or computer-related viruses, hacker attacks or other agents introduced by a third party, failure of the Internet and other conditions beyond our control.  In addition, GetFramed shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of service, resulting directly or indirectly from: (b) any technical requirement for which Customer is responsible, (c) any intentional acts or omission of Customer, or (d) any failure of any third-party service necessary for GetFramed to provide Service hereunder.
   
• OUR GUARANTEES. We Guarantee to make a correct pair of prescription glasses according to the prescription values as ordered by the customer. It is strongly suggested that You, our Customer, send us your prescription.  In the rare case where we have made an error in the prescription beyond the normal standards, we will remake the glasses promptly and correctly at no charge to the customer. This guarantee does not include delays due to customer errors in ordering including, but not limited to, inputting the wrong prescription information, numbers, or personal information for the order, or acts of governmental agencies.
   
• OUR RETURN / REFUND POLICIES.  The customer may return an order ONLY on the following terms:
  • Customer must return faulty or broken glasses to GetFramed within 30 days of having received it for a 50% refund, credited back to Customer.
  • Customer must obtain a valid Return Merchandise Authorization ("RMA") number from GetFramed for all returns. Orders returned without an RMA will be immediately returned to the customer. RMA's will be issued at GetFramed's sole discretion, in accordance with these terms and conditions. Customer must provide their order number and all other information as required by GetFramed for all returns. Customer is responsible for ensuring that the RMA is clearly visible on the address label of the product packaging when it is returned to GetFramed.
  • The Customer must return the products at their own expense. It must be returned in the same hard case originally sent in, and must be in “as New” condition, unscratched and unbroken, lenses in their original frames. Glasses or accessories received by customer in a broken or dismantled state must still be returned in the case in which they were received.
  • You must include the RMA Number clearly written next to the name on your (Customer’s) name and address, as well as a note inside with the Order Number and a brief, clear note regarding the reason for return.
  • IF YOU ARE RETURNING LENSES BECAUSE OF A WRONG PRESCRIPTION CLAIM, YOU MUST ENCLOSE A COPY OF YOUR ACTUAL PRESCRIPTION, OR NO REPLACEMENT OR REFUND OF THE ORDER WILL BE CONSIDERED BY GETFRAMED.
  • GetFramed is not responsible for lost, missing or en-route damaged goods.
  • GetFramed does not provide repair, replacement or exchange service of any kind.
• ORDER FORM USER CONTENT. You grant GetFramed a license to use your personal information (name, address, credit card information and similar information) and your prescription information (optical information we use to process your order) that you post to the Site or Service. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, transmit, or otherwise distribute User Content and that it is accurate.
   
• COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others.  This means that you may not post any other person’s information, data, names, trademarks or other data not your own to this site or its forms.
   
• ALLEGED VIOLATIONS. GetFramed reserves the right to terminate your use of the Service and/or the Site. To ensure that GetFramed provides a high quality experience for you and for other users of the Site and the Service, you agree that GetFramed or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. GetFramed does not intend to disclose the existence or occurrence of such an investigation unless required by law, but GetFramed reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if GetFramed believes that you have violated any of the Terms of Use, furnished GetFramed with false or misleading information, or interfered with use of the Site or the Service by others.
   
• NO WARRANTIES. EXCEPT FOR THE EXPRESS GETFRAMED GUARANTEES STATED ABOVE, GETFRAMED HEREBY DISCLAIMS ALL WARRANTIES. GETFRAMED IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE, PRODUCTS WE SELL OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GETFRAMED EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, PRODUCTS OR SERVICES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  GETFRAMED’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GETFRAMED BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY GETFRAMED. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
   
• PROHIBITED USES. The site is for input of your personal and prescription information only. You are prohibited from violating or attempting to violate any security features of the Site or Service.
   
• INDEMNITY. You agree to indemnify GetFramed for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless GetFramed, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or any other user of your account. GetFramed will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
   
• COPYRIGHT. All contents of Site or Service are: Copyright © GetFramed, All rights reserved.
   
• GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of Australia, without reference to their rules regarding conflicts of law.
   
• SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
   
• ATTORNEY FEES.       In the event of any action, mediation, litigation, arbitration, suit or proceeding arising from or under the terms, provisions or conditions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys fees and costs of suit or other proceeding.
   
• MODIFICATIONS. GetFramed may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site, Products offered and/or the Service; and (c) discontinue the Site, products offered and/or Service at any time.
   
• ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
   
• From time to time and at its sole discretion, GetFramed will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.
   
• When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify GetFramed immediately on any unauthorized use of your account, user name, or password. GetFramed shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by GetFramed, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

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