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Terms & Conditions

Two separate contracts are used by Noo Eyewear Aust Pty. Ltd (Noo Eyewear). The terms of these contracts appear on this page.

The first contract is the "Website Terms and Conditions". This contract applies to ALL users of the NooB2b.com.au website. If you use this website for any reason, you will be bound by the Website Terms and Conditions.

The second contract is the "Terms and Conditions of Supply". This contract applies to EVERY purchase of goods from Noo Eyewear. If you order any goods from Noo Eyewear, you will be bound by the Terms and Conditions of Supply. Please use the links below to review all of these terms and conditions:

1. Website Terms and Conditions

2. Terms and Conditions of Supply

1. Website Terms and Conditions

This Agreement is between you, the person accessing and/or using the NooB2B website ("You") and Noo Eyewear Aust Pty Ltd ("Noo Eyewear").

The website is owned and operated by Noo Eyewear. Your access to and/or use of the website is subject to Your agreement to, and compliance with, these Terms of Use.

BY ACCESSING, BROWSING, OR USING THE SITE, OR BY CLICKING TO AGREE TO THESE TERMS OF USE WHEN AND IF THAT OPTION IS MADE AVAILABLE TO YOU, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE AND WILL COMPLY WITH ALL APPLICABLE LAWS. IF YOU DO NOT AGREE THEN PLEASE DO NOT USE OR ACCESS THE SITE. WE WILL DETERMINE YOUR COMPLIANCE WITH THESE TERMS OF USE IN OUR SOLE DISCRETION AND OUR DECISION WILL BE FINAL AND BINDING. Noo Eyewear may amend these Terms of Use from time to time, and will update these Terms of Use on the Site. Your continued use of the Site after such amendments will constitute acceptance of the amendments by You.

Who may use the Site?

The Site is a business to business only site and is only available for access by authorized Optometrists and agreed retail outlets who have obtained permission to access and purchase from the site. You should read these Terms of Use in conjunction with the Privacy Policy, which is incorporated in these Terms of Use by reference.

Your Right to Use the Site

If afforded permission to access the site, and subject to these Terms of Use, Noo Eyewear will grant to you a limited, non-licensable, revocable, and non-exclusive license to access the Site for the purposes of viewing the website and making purchases on the Site. You may only use the Site for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Site by, any third party. You must not interrupt, attempt to interrupt, or cause the interruption of the operation of the Site in any way.

You are fully responsible for Your use of the Site. Any unauthorized use shall immediately terminate the limited license without notice. Unauthorized use shall include, but are not limited to, all the following:

You shall not license, sublicense, sell, resell, transfer, assign, distribute, modify or otherwise commercially exploit or make available to any third-party the Site in any way;

Intellectual Property Rights

All intellectual property rights in the Site or any of the Site's content (including all copyrights and trademarks) ("the Materials") are owned by, or licensed to, Noo Eyewear or otherwise used by Noo Eyewear as permitted by applicable law. The Materials may not be modified, translated, disassembled, reproduced, copied, or re-engineered for any commercial or public purpose, republished, posted, broadcast, distributed, or transmitted by You, or provided by You to any third party without the express written consent of Noo Eyewear. Nothing on the Website should be construed as granting You or any other person any right to use any Materials without the express written permission of Noo Eyewear or the owner of the intellectual property rights in such Materials, except where you are expressly licensed to do so in accordance with these Terms of Use.

Recommended Retail Price

The RRP is the sale price suggested by the distributor of the branded eyewear. The Recommended Retail Price (RRP) is not mandatory, although manufacturers and distributors may suggest that retail outlets maintain a price within the range of their suggestion.

Third Party Sites and Content

As a convenience to you, Noo Eyewear may provide, on the Site, links to sites operated by other entities as well as network content provided, uploaded, published, or distributed by users and other participants in the Site ( "Third Party Content" ). If you use these sites, you will leave the Site. If you decide to visit any linked site or decide to use any of the Third Party Content, you do so at your own risk and it is your responsibility to review their terms of use and privacy policy and to take all protective measures to guard against viruses or other destructive elements. Noo Eyewear is not a publisher of any such content. 

In using the Site, You agree to all the following, without limitation:

a) You accept and agree to these Terms of Use and the Privacy Policy.

b) You will register an account with Noo Eyewear on the Website or the Application, as needed.

c) You agree to comply with all laws applicable to your use of the Site.

d) You shall neither collect nor harvest any personally identifiable information, including e-mail addresses from the Site.

e) You shall not transmit any viruses, worms, defects, Trojan horses, or other items of a destructive or damaging nature.

f) You shall not use the Site to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including those that are deemed threatening or obscene.

g) You shall not use any device, software, or routine that interferes with the functioning and integrity of the Site.

h) You shall not use any device, software, or other instrumentality to disrupt, damage, or interfere with or attempt to disrupt, damage, or interfere with the functioning and integrity of the Site.

Indemnification

You represent and warrant that You are at least 18 years of age and/or that you possess the legal right and ability to obligate yourself to these Terms of Use. You represent and warrant that You will use this Site in accordance with these Terms of Use and all applicable laws.

You agree to indemnify, defend, release and hold Noo Eyewear, its owners, affiliates, business partners, directors, officers, managers, employees, agents, authorized representatives, and permitted successor and assigns (each an "Indemnitee," and collectively, the "Indemnitees") harmless from any loss, liability, claim, demand, action, harm, damage, injury, cost or expense (including, but not limited to, reasonable legal fees and court costs) asserted by any third-party relating in any way to Your use of the Site, your breach of the Terms of Use, or your violation of such third-party’s rights, including, but not limited to, any intellectual property rights.

This section shall survive the termination of the Terms of Use.

Information You submit to the Site

All information Noo Eyewear asks you to submit to the Site will be treated in accordance with its Privacy Policy.

Limitation of Liability

Except with respect to any Non-excludable Conditions and to the furthest extent permitted by the applicable law, Noo Eyewear, its affiliates, licensors, service providers, content providers, and their employees, agents, officers, and directors will not be liable for any direct, indirect, consequential, punitive, or special loss or damage, and/or business interruption, or loss of profits, data, goodwill, information or programs or your information handling system, or for pain and suffering or emotional distress arising out of or in connection with the use of, or inability to use, the Site, its content, materials or functions, or any other loss or damage of any kind, whether in action of contract, negligence or other tortious action, or otherwise.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.

Changes to the Site

Noo Eyewear may terminate, change, suspend or discontinue any aspect of the Site at any time. Noo Eyewear may also impose limits on certain features and services and/or restrict access to parts or all of the Site without notice or liability. Noo Eyewear reserve the right to terminate Your secure log-in and suspend Your access to secure areas of the Site upon becoming aware that You have breached these Terms of Use.

Terms and Conditions of Supply

If You have difficulty reading this page, You must contact us before You place Your order. By placing an order with Noo Eyewear, You will be deemed to have understood and accepted these terms and conditions ("Terms"). If You have any queries regarding these Terms (or the order form) please raise them with us as soon as possible and in any event before You place Your order.

This Agreement is between You, the person placing an order for goods using the NooB2b website (“You”), and Noo Eyewear Aust Pty Ltd.

1.1 In these Terms:

"Goods" means those products made available by Noo Eyewear that You wish to purchase, as indicated in Your Order.

"Order" means orders placed in accordance with the provisions of Section 3.1.

"Site" means the website owned and operated by Noo Eyewear with URL address http://www.noo-b2b.com.au

2. Customer Obligations

2.1 By submitting Your Order You warrant, represent, and undertake:

2.1.1 that You are aged 18 or over and are not ordering on behalf of another person

2.1.2 to provide any details reasonably requested by Noo Eyewear to confirm that You are eligible to purchase the Goods

2.1.4 that You are the authorized holder of any credit/debit card You may use on the Site.

3. Orders for Goods

3.1 You may change Your Order within 24 hours of submission to the Site. Any change requested to an Order after this time may be rejected by Noo Eyewear at its absolute discretion.

3.2 Noo Eyewear may communicate with you about your order via email or text message. If the telephone number that you provide during the submission of your Order is a mobile telephone number, you agree to receive transactional text messages about your Order, including Order updates.

4. Limitations of Supply

4.1 Noo Eyewear shall make reasonable efforts to meet the requirements You specify in Your Order(s), however, We cannot guarantee the availability of Goods. If the Goods You have ordered cannot be supplied to You, Noo Eyewear will contact You to give You a choice to receive a replacement or a refund. If Noo Eyewear receives no response from You, Noo Eyewear may, at its absolute discretion, provide replacement Goods of an equivalent quality and/or specification or cancel the Order and provide a refund.

5. Prices and Payment

5.1 Unless otherwise stated on the Site, all prices for Goods are in Australian Dollars.

6. Delivery and Carriage

6.1 Delivery of the Goods shall be deemed to take place at the time the Goods first arrive at the delivery address stated on Your Order.

7.1 You must notify Noo Eyewear immediately if there are any defects in the Goods which are apparent during Your use of the Goods. Provided You advise Noo Eyewear within 3 days of delivery of the defect, the Goods will be deemed "Defective on Delivery".

7.2 If the Goods are Defective on Delivery, Noo Eyewear will, at Noo Eyewear’s sole discretion, replace such Goods or refund the price paid for the Goods to You.

7.3 If the Goods are Defective on Delivery, You agree to return the Goods to Noo Eyewear in substantially the same condition as when received by You, including all items and packaging accompanying the Goods.

8. Manufacturing defects in Goods

The rights granted to You under this clause are in addition to, and do not replace, any rights You may have as a consumer under relevant laws, including any consumer protection legislation applicable to Your purchase of the Goods.

8.1 If You discover a manufacturing defect within twelve months of delivery of any Goods, You must notify Noo Eyewear immediately.

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