Terms of Use

• Acceptance of Terms
  • This website, application, platform and any service offered under the name “Wattz” is operated and owned by Wattz Pty Ltd (ACN 680 821 345) and its related entities or body corporates (“us”, “we” and “our”).
  • Your use of the Site is strictly subject these Terms and any other policy displayed on the Site (together the “Terms”). Every time you use this Site or make any purchase off this Site, you indicate that you have read, understood, and accepted to be bound by these Terms. If you do not agree to be bound by these Terms, you must not use the Site.
  • We may amend or modify the Site and/or the Terms (or any policy) at our sole discretion and at any time. Any amendments to the Terms or any policy are effective 14 days after publication on the Site (and will apply to Sale Contracts entered into after that time). If you do not agree to the amendments, then you must notify us within that time frame, otherwise, you will be deemed to accept the amended version of the Terms. Your continued use of the Site following such modifications will be deemed as acceptance of these modifications.
  • These Terms will prevail over any other terms or agreement between you and us.
• Definitions
  • In these Terms:

Business Day means a day on which banks are open for business in the State other than a Saturday or Sunday.

CCA means the Competition and Consumer Act 2010 (Cth), and any equivalent state or territory legislation.

Claim means a claim, action, proceeding, notice, litigation, investigation, judgment, liability or demand made against the person concerned, however it arises and whether it is present or future, fixed or unascertained, actual or deferred whether based in contract, tort or statute and whether involving a third party or party to this agreement.

Copyright Act means the Copyright Act 1968.

GST means goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).

Loss means a damage, loss, cost, expense or liability incurred by the person concerned however arising, including without limitation penalties, fines, and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable.

Price means for each Product, the price listed on Site and which are subject to change from time to time.

Privacy Policy means our privacy policy available here.

Product means any products or goods offered for sale on our Site and includes Augie Spectacle Frames.

Sale Contract means a binding legal agreement under which we sell you the relevant Product/s for the Price/s.

Site means this website, app, platform and any service offered under the name “Wattz”.

State means the Victoria, Australia.

Terms means these Terms of Use which include the Privacy Policy, the Shipping and Return Policy and any other policy displayed on the Site.

Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.

We, we, us, our means Wattz Pty Ltd (ACN 680 821 345) and its related entities or body corporates.

You, you or your mean you and any user of this Site.

• Access
  • To access and use the Site or to purchase Products through this Site, you must be at least 18 years old and have the legal capacity to enter into binding contracts. If these conditions are not satisfied, please cease using the Site immediately.
• Registration
  • While you may browse the Site without creating an account, we may require you to create an account to access certain features of our Site.
  • When you create and activate your account make sure that all the personal information, such as your name and email address and other details that you provide is accurate and current. We will handle such personal information in accordance with our Privacy Policy.
  • You agree to keep your account information and password secure and not allow anyone to use the Site on your behalf. You will be legally responsible for all actions taken by anyone presenting your user name and password on the Site, including without limitation, all communications, submissions or financial obligations, whether or not made with your knowledge or authority. You must not let someone else use your account.
  • We will not be liable for any Claim or Loss arising from any kind of unauthorised activity that takes place under your account.
  • You must not impersonate any other person or organisation.
• Your conduct
  • In using the Site, you must:
    • strictly comply with any policy displayed on our Site;
    • not breach any law (including international law) which may apply in respect of your use of the Site;
    • not use the Site to stalk, harass, intimidate, mock or ridicule or in any other way make someone else feel uncomfortable;
    • not conduct vulnerability tests or scans on the Site or attempt to make unauthorised modifications to the Site;
    • not interfere with the proper working of the Site or any activities conducted via the Site, including by using any automated or manual software or process to “crawl”, “spider” or engage in similar conduct in relation to the Site;
    • not engage in any activity that involves copying, extracting or scraping content from the Site, whether by manual or automatic process; and
    • except to the extent the Copyright Act allows you to do so, not reverse engineer or otherwise seek to obtain any source code forming part of the Site.
  • Products
    • Sale Contracts

By submitting an online order, you make an offer to purchase Produtcs from us. If we accept your offer by displaying or sending you an order confirmation, a Sale Contract is formed. Each such transaction will be treated as a separate Sale Contract.

• Price
  • Unless otherwise expressly stated, all Prices are payable in Australian currency and are inclusive of GST.
  • All Prices are subject to change without notice and must be paid without setoff or deduction in accordance with these Terms;
  • We accept the payment methods as indicated on the Site. By submitting your order you represent and warrant that you are authorised to use the chosen payment method and that you authorise us to charge the Price of the relevant Sale Contract to the chosen payment method;
  • You agree to keep the payment method current until your Sale Contract is complete and quickly resolve any issues that may arise while we process your Sale Contract. We may suspend or cancel your order without notice if the payment method cannot be verified, is invalid or otherwise unacceptable; and
  • We are entitled to charge you:
    • an additional charge depending on the payment method you chose;
    • any cost which we pay to recover any amount owed to us by you, including without limitation any legal fees and debt collection charges; and
    • if there are any issues with your payment method, any bank or merchant fees, or commissions charged to us as a result, and an additional administration fee of $50 to process such issues. All such charges must be paid to us on demand.
  • Descriptions

Products displayed on our Site or otherwise disclosed may not be available or be exactly as described. To the extent permitted by law, we do not warrant that the descriptions or other content available on the Site or otherwise disclosed are accurate, complete, reliable, current, or error-free.

• Ordering Products
  • All Products are subject to availability and all orders accepted by us will be executed at your sole risk.
  • We may refuse to sell or supply Products to any person, for any reason or for no reason.
• Cancellation of Order
  • We may cancel or reduce the Products ordered by you without notice, amongst others, for any of the following reasons, or for no reason:
    • the Product or item(s) for the Product is no longer available; or
    • there was difficulty in processing payment information; or
    • delivery to the address was not possible; or
    • a duplicate order for a Product was placed; or
    • the Product was cancelled with your consent.
  • Upon cancellation, any Price paid in advance for the Product will be refunded via your original payment method.
  • You may only cancel an order placed on the website if we inform you that an “in stock item” is not available for immediate delivery.
  • Any other order may only be cancelled with our prior written permission, which may be withheld at our sole discretion and on terms which will indemnify us against any Claim or Loss resulting from your cancellation of the order.
• Delivery
  • Title to Goods: we retain the legal ownership of any Products until the latter of the dispatch of the Products to you or when full payment for the Products is received by us. The legal ownership of the Products will immediately revert to us if we refund any such payment to you.
  • Delivery Timeframe: any delivery times quoted to you are indicative only. Products may be delivered in one or more parts. To the extent permitted by law, we do not accept any liability whatsoever for delayed delivery caused by any third-party.
  • Risk of Loss: Risk in the Products will pass to you upon delivery to you.
  • Receipt of Products: Upon delivery of the Products, you must inspect the Products for any shortage or quality issues. You will be deemed to have accepted the Products and waived the right to make any claim unless you notify us in writing within 7 days of receiving the Products. If we have provided you with more Products than what you ordered, you must also notify us and return the surplus Products to us (we will bear the shipping costs).
• Returns
  • Change of Mind-30 Days Returns: we are happy for you to return products for a change of mind in exchange for a refund or a different product under the following conditions:
    • the Product must be returned within 30 days of purchase;
    • the Product must be in saleable condition as determined by us in our discretion. Factors which we take into consideration include (without limitation) that all parts are returned, the original tags, labels and packaging are intact and attached and the item are unused and as sold;
    • proof of purchase is provided in a form acceptable to us;
    • the product must have been purchased from our Site;
    • you pay for all return shipping costs.
    • you request an authority to return using our Return Request Form.
    • you will receive a refund or an exchange within 30 days of submitting the form, provided you have met the conditions above.
  • Defective Products: If you have received the wrong Product, or if any Product is damaged or your order does not arrive, please contact us immediately (and no longer than 7 days from receipt of the Products if applicable) and give a full detailed description of the problem/damage, as well as your name, contact number or email and order number. We will then determine how best to resolve your problem. You may also be entitled to remedies under the CCA, and nothing in this clause or these Terms as a whole derogates from your rights under the CCA (if applicable).
• Promotions
  • For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
• Intellectual Property Rights
  • Unless otherwise indicated or implied by context, we are the sole owners or licensees of all intellectual property comprised in the Site and the Site content. Nothing in these Terms constitutes a transfer of any intellectual property rights in or related to the Site or Site content by us to you.
  • You acknowledge and agree that the Site and the content contained therein are protected by copyright, trademarks, service marks, patents, design registrations, and other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on content accessed on or via the Site.
  • You must not do anything which breaches or otherwise interferes with our intellectual property rights or those of any of our third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from the Site content without our prior written permission or that of the relevant third-party licensor or exploit such content for commercial benefit.
  • You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause 8 and that equitable or injunctive relief may be necessary.
• Third party sites
  • The Site may link to websites that are owned and operated by third parties over whom we have no control. These external websites are governed by independent terms and conditions and privacy policies which you must review prior to using such websites.
  • You acknowledge and agree that when you access a third-party website available via a link contained on the Site:
    • you do so at your own risk and that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of such third-party website; and
    • we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party website.
  • Disclaimer and limitation of liability
    • To the maximum extent permitted by law, we exclude all Warranties except for those:
      • expressely stated in the terms, in an express warranty card, or in a Product’s specific page on the Site; and
      • that cannot be excluded by law (such as the CCA).

Otherwise, any Products supplied pursuant to a Sale Contract are supplied “as is” and “as available”.

• Any information or advice provided on the Site, including any information or advice in relation to the Products or anything else, is of general nature only. You acknowledge that:
  • your use of any Products and consumables or any advice is solely at your own risk;
  • you must rely entirely on your own enquiries and judgment in relation to Products and anything offered by us, any advice and any other information or material contained on the Site;
  • you must not use any Products or other accessories in a manner inconsistent with any displayed instructions; and
  • we are not liable for any reckless or negligent act or omission by you.
• You must take reasonable steps to store, maintain and clean all Products and accessories in accordance with standard practice and any instructions provided. We exclude all liability for any damage to the Products caused by your failure to properly follow our advice or reasonable caution in this regard.
• To the extent that any law including the CCA restricts our right to exclude Warranties under these Terms, these Terms must be read subject to those provisions and nothing in these Terms is intended to alter or restrict the operation of such provisions. If those statutory provisions apply, we limit our liability pursuant to such provisions to:
  • the replacement of the relevant Products or the supply of equivalent products;
  • the repair of the relevant Products;
  • the payment of the cost of replacing the relevant Products or of acquiring equivalent products; and
  • the payment of the cost of having the relevant Products repaired.
• We provide the Site on an “as is” and on an “as available” basis without any Warranties as to continuous, uninterrupted or secure access to the Site, that its servers are free of computer viruses, bugs or other harmful components, that defects will be corrected, or that you will not have disruption or other difficulties in using the Site.
• To the maximum extent permitted by applicable law and subject to clause 8, neither party will have any liability in connection with the Terms for any indirect, consequential, special, incidental, or punitive damages, or any lost revenues, profits, savings, or goodwill.
• Subject to clause 8, each party’s maximum aggregate liability for damages in connection with the Terms is limited to the Prices you paid to us during the 12 month period before the event giving rise to liability.
• Nothing in the Terms excludes or limits either party’s liability for:
  • its fraud or fraudulent misrepresentation;
  • its obligations under clause 11;
  • its infringement of the other party’s Intellectual Property Rights;
  • its payment obligations under the Terms; or
  • matters for which liability cannot be excluded or limited under applicable law.
• All of the above subclauses are cumulative to one another.

11                   Indemnities

• You agree to indemnify (and defend and hold harmless) us and our Affiliates harmless from any Loss or Claims in connection with:
  • any damage to person, property, personal injury or death;
  • your breach of any of clause 8 of these Terms; or
  • any misuse or abuse of the Products by you.
• In this clause:
  • Claim means a claim, action, proceeding or demand made against a person concerned, however it arises and whether it is present or future, fixed or unascertained, actual or contingent.
  • Loss means a damage, loss, cost, expense or liability incurred by the person concerned however arising, including without limitation penalties, fines, and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable.
  • Affiliates means a party’s officers, directors, shareholders, employees, consultants, agents, related body corporates and associates, affiliates, subsidiaries, related parties, related body corporates, sponsors, and other third-party partners.
• Termination
  • You acknowledge and agree that:
    • we may terminate your access to the Site at any time without giving any explanation (however, we will continue to fulfill any Sales Contracts entered into prior to the termination);
    • we may terminate these Terms or any Sale Contract immediately by notice to you in writing if you are deemed to breach these Terms or associated policies in any way, in our sole discretion; and
    • Termination of these Terms, a Sale Contract or your access to the Site does not release you from any of your obligations and liabilities that may have arisen or been incurred prior to the date of such termination.
  • General
    • You agree that our delivery notes will be deemed to be proof of delivery to you of the Products described in the delivery note. In the event of a dispute as to the number of Products sold and delivered and their value, the onus of proving that the Products were not delivered and/or the quantity and price thereof is not in accordance with our invoices will be upon you.
    • Unexpected Events: We are not liable for any failure to comply with a Sale Contract if the failure (directly or indirectly) arises out of circumstances which are not within our reasonable control such as strikes, lock‑outs, failure of usual sources of supply of Products, civil commotion, acts of terrorism, commercial exigencies, accidents, war, fire, flood, explosion, shortage of power, breakdown of plant or machinery, shortage of raw materials from normal source of supply, act of God or any order or direction of any local, state or federal government, government agency or instrumentality. If such circumstances occur, we may delay or suspend delivery of Products, without any cost to us. In such an event, we may with your consent cancel the order and at our sole discretion, issue a credit, or refund any moneys paid in advance, after which you will have no further claim on the Products or against us. If the order is not so cancelled, we will complete delivery as soon as reasonably practicable.
    • No concession, latitude or indulgence allowed by us to you may be construed as a waiver or abandonment of any of our rights under the Terms or act as an estoppel against us.
    • You agree that a certificate signed by any of our employees setting out the balance owing by you to us for Products sold will be final, binding and conclusive as against you.
    • You hereby irrevocably appoint us as your attorney and agent to do all acts and deeds and sign all documents in your name so as to enable us to exercise our rights under these Terms or any Sale Contract.
    • Notices are taken to be read on the day they are received, unless they are received after 5 PM or not on a Business Day, in which case they are deemed to be received on the next Business Day. Any notice to you will be addressed to the most recent address that we have of you in our records. Any notice to us must be sent to [email protected]
    • You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
    • If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
    • These Terms are governed by the laws of the State and each party submits to the exclusive jurisdiction of the courts of that State and all courts of appeal therefrom.
    • Any waiver of any term on these Terms by us can only be done in express writing. Any failure on our part to enforce a term does not constitute a waiver and we reserve the right in relation to all breaches unless expressly stated otherwise.
    • The contents of these Terms and the Sale Contract constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this agreement, whether orally or in writing.
    • A provision of this agreement which can and is intended to operate after its conclusion will remain in full force and effect – including without limitation clauses 2, 5, 8, 9, 10, 11, this clause and all other indemnities, releases, exclusions of liabilities and disclaimers.