By using or accessing Q Optical Network (Website), you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not access or otherwise use the Website.
If any changes are made to these Terms of Service, such changes will be promptly reflected in the terms set forth online. Your continued access to, and use of, the Website after such changes, conclusively demonstrates your acceptance of those changes.
1. Access and use
The Website is intended for Australian residents. You acknowledge and agree that information published on the Website is intended to provide general information in summary form only, and does not constitute medical advice. The Website is not a substitute for independent professional advice.
You may access and use the Website solely pursuant to these Terms of Service for your personal, non-commercial use. Any other use requires prior written consent from EyeQ Operations Pty Ltd. (EyeQ Operations, ‘us’ or ‘we’), which may be granted or withheld in Q Optical Network’s absolute discretion. You must not use the Website for any purpose or in any way prohibited by these Terms of Service or that is unlawful under Australian law or any other laws that apply to you.
2. Copyright and trademarks
The names ‘EyeQ’, ‘EyeQ Operations’ and ‘Q Optical Network’ and any and all other registered and unregistered logo(s), service mark(s), and trademark(s) owned by Q Optical Network or any of its subsidiaries or affiliates (the EyeQ Group) may not be used in any advertising, publicity, or other use without the prior explicit written permission of Vision Service Plan or that of the appropriate subsidiary or affiliate.
All rights are reserved. By acceptance and/or use of the Q Optical Network provider list, recipient understands and agrees that the information contained herein is protected proprietary information intended only for use in connection with a participating health fund plan benefits. The publication, dissemination, distribution, copying and/or misuse of the information contained herein for any purpose other than the normal and necessary implementation of a participating health fund plan benefits is/are strictly prohibited.
3. Disclaimer of warranties and limitations of liability
Q Optical Network makes no representations about and does not warrant the accuracy, adequacy, suitability, availability or completeness of any information provided on the Website for any purpose or that any information is suitable for the requirements of users. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information provided through the Website or on the internet generally.
The Website is provided “AS IS” without express or implied warranty, including, but not limited to, the implied warranties of merchantability, or fitness for a particular purpose. To the fullest extent by law, in no event shall any member of the Q Optical Network be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action in contract, negligence or other tort action, arising out of or in connection with the use or provision of this information.
Q Optical Network has taken reasonable steps to ensure that the information published on the Website is accurate and timely. However, the Q Optical Network assumes no responsibility for errors or omissions in the information published on the Website or for the accuracy, truthfulness or content of other documents that are referenced or linked to the Website. Nor does Q Optical Network make any commitment to update the information contained herein.
The information published on the Website and in other documents is subject to change without notice.
Links to websites or documents outside of the Website are provided as a convenience and do not necessarily reflect the views or opinions of the staff or management of the Q Optical Network. Links to such websites or documents do not in any way suggest the Q Optical Networks endorsement of any product or service specified therein. Links to websites or documents outside of the Website may be found to contain offensive material or may further link to pages that may contain offensive material.
6. Conflict of interest
Q Optical Network will not accept any articles from which the author would derive personal benefit by providing inaccurate information. If, subsequent to publication, any appearance of a conflict or interest arises, the article will be immediately removed, or the link to the article will be disabled.
7. Q Optical Networks relationship with third-parties or contractors
The Website contains links to websites published by third parties or the Q Optical Networks contractors (Third Party Sites). The Q Optical Network does not control or maintain Third Party Sites. Should it be determined by the Q Optical Network that a Third Party Site is not meeting our standards, the Q Optical Network will take immediate corrective steps by disabling the link and notifying the relevant third party.
8. Confidentiality and security
The Website may not be free from viruses and other unauthorised or malicious code or corruption that could damage or interfere with data, hardware or software. The Q Optical Network is not liable for any damage or loss of this nature you may suffer in connection with use of the Website. We cannot ensure the security of any information you send to us via the internet during its transmission, and any information you transmit in this manner will be sent at your own risk.
9. Response time
Q Optical Network responds to e-mails, electronic messages, and other communications transmitted via vsp-australia.com.au as soon as reasonably practical. Q Optical Network’s response time shall not exceed any maximum time period that may be specified by law.
10. Access and interference
You agree that you will not use any robot, spider or other automatic device, process or means to access the Website. Nor shall you use any manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior express written permission. You agree that you will not use any device, software or routine that interferes with the proper working of the Website nor shall you attempt to interfere with the proper working of the Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Website without the prior express written permission of Q Optical Network.
11. Unauthorised use of the site
Any Illegal or unauthorized use of the Website shall constitute a violation of these Terms of Service. You do not have permission to access the Website in any way that violates these Terms of Service. Illegal or unauthorized use of the Website includes, but is not limited to, unauthorized framing of or linking to the Website, or unauthorized use of any robot, spider or other automated process on the Website. It shall also be a violation of these Terms of Service for any individual (or group of individuals acting in concert) to request, more than 100 pages of content from the Website in any twenty-four hour period (hereafter referred to as “Abusive Use”).
Violation(s) of these Terms of Service, including unauthorized entry or unauthorized use of the Website, may be investigated and appropriate legal action may be taken, including, without limitation, civil, criminal and/or injunctive redress. You understand and agree that in our sole discretion, and without prior notice, we may terminate your access to the Website, remove any unauthorized user content or exercise any other legal or equitable remedy available, if we believe that your conduct or the conduct of any person with whom we believe you act in concert, or the User Content you provide, violates or is inconsistent with these Terms of Service or the law, or violates the rights of the Q Optical Network or another user of the Website. You agree that monetary damages may not provide a sufficient remedy to any member of the Q Optical Network for violations of these Terms if Service and you consent to the application of injunctive or other equitable relief for such violations.
You agree that Abusive Use of the Website, as defined above, causes damage and harm to the Q Optical Network in the form of, among other things, impaired goodwill and increased expenses associated with responding to Abusive Use of the Website. You further agree that monetary damages for Abusive Use of the Website are difficult to ascertain and that proof of monetary damages for Abusive Use would be costly and inconvenient to calculate. Accordingly, you agree that injunctive or other equitable relief is warranted for Abusive Use. Therefore, you agree that if you, or others acting in concert with you, alone or collectively request more than 100 pages of content from the Website in any twenty-four hour period, you, and those acting in concert with you, may be held jointly and severally liable for reasonable attorney’s fees, expert witness fees and costs associated with injunctive or other equitable relief.
To the fullest extent allowable by law, you agree to indemnify and to keep Q Optical Network indemnified for any third party claim or demand, right of action or claim for compensation made against Q Optical Network and for any injury, direct or indirect damage, loss, cost or expense or liability suffered by Q Optical Network in connection with your use of the Website (including creating any form of link to any page of the Website), your breach of these Terms of Service or your breach of any rights of third parties.
13. General provisions
These Terms of Service are governed by the laws of New South Wales, Australia, even if you are not located or resident in New South Wales. Each party submits to the jurisdiction of courts exercising jurisdiction there, and waives any right to claim that those courts are an inconvenient forum.
Any provision of these Terms of Service that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms of Service nor affect the validity or enforceability of that provision in any other jurisdiction.
14. Additional information
This Web site is owned by EyeQ Operations Pty Ltd. Additional information regarding EyeQ Operations may be requested by writing to EyeQ Operations Pty Ltd PO Box 641, Botany NSW 1455
Revised September, 2020