Terms of Use

Welcome to Eastside Eye Care!

These are the terms and conditions for: 

• https://www.eastsideeye.com.au

The following terms and conditions apply to the website and services offered by Eastside Eye Care. By using the website and our services, you agree to be bound by these terms and conditions and our privacy policy. 

In these terms and conditions, the words "website", refer to Eastside Eye Care’ website, "we", "us", "our", and "Eastside Eye Care", refers to Eastside Eye Care, and “patient”, and "user", refers to you, the user or patient of Eastside Eye Care. 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICES FROM THE WEBSITE.

1. ACCEPTANCE OF TERMS

This agreement sets forth the legally binding terms for your use of the website and services offered by Eastside Eye Care. By accessing and using the website and its services, you agree to abide by the provisions of this agreement. If you do not agree to these terms, you must refrain from using the website and services. We reserve the right to modify this agreement at any time, and such modifications shall be effective upon posting on the website. By continuing to use the website and services following the posting of any modifications, you agree to be bound by the updated terms; therefore, it is important that you review this agreement periodically.

Eastside Eye Care reserves the right, in its sole discretion, to refuse to provide services to any user or patient and to modify its eligibility criteria at any time. This provision shall be inapplicable in those jurisdictions where it is prohibited by law and, in such cases, the right to access the website and services will be revoked.

By using the website and services, you represent and warrant that you have full power, authority and capacity to enter into this agreement and to perform all obligations hereunder. You further represent and warrant that you are not subject to any legal incapacity or contractual restriction that would prevent you from entering into this agreement.

2. NOTIFICATIONS AND NEWSLETTER

By providing Eastside Eye Care with your e-mail address, you agree that we may use your e-mail address to send you important notifications and communications about our services, news and special content. If you do not wish to receive these e-mails, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the e-mails themselves. This option may prevent you from receiving emails about our services, important news and special content.

3. DESCRIPTION OF SERVICES

Eastside Eye Care offers the following ophthalmic services and treatments:

• Cataracts 
• Glaucoma
• Macula
• Cornea 
• Dry Eye
• Laser eye surgery
• Eyelids

Patients interested in any of these services can easily book an appointment through the contact form available on the website, or contact us using the contact details provided. Our team is committed to providing personalised care, adapting to the needs of each patient and guaranteeing a comfortable and efficient experience from the first contact to post-treatment follow-up.

4. LIMITATION OF LIABILITY

The medical services offered by Eastside Eye Care are provided exclusively by qualified medical professionals and are designed to treat conditions specific to each patient. The information provided on the website, including that posted on the blog, is for informational and educational purposes only and should not be considered personalised medical advice. The information available on the blog should not replace a consultation with a healthcare professional and does not constitute a guarantee of results or specific recommendations for any medical treatment.

Eastside Eye Care shall not be liable for any damages or injury that may result from the use of the information contained on its website, including, but not limited to, errors or inaccuracies in content, omissions, or the interpretation of such information. We recommend that any medical treatment decisions or consultations be made directly with a healthcare professional, who will individually assess each patient's needs and conditions.

Furthermore, Eastside Eye Care does not guarantee the continuous and uninterrupted availability of the website and its services. Any temporary interruptions, technical errors or problems in accessing the website will not give rise to any liability claims on the part of Eastside Eye Care.

Use of Eastside Eye Care's services, including consultations and treatments, is subject to the availability of medical professionals, equipment and facilities, and does not guarantee specific results. Eastside Eye Care shall not be liable for any direct, indirect, incidental, consequential, or other loss of any kind arising out of the use of its services or the content available on the website.

5. COPYRIGHT 

All content on Eastside Eye Care website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other items are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Eastside Eye Care or by third parties who have licensed or provided their material to the website. You acknowledge and agree that all materials on Eastside Eye Care are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Eastside Eye Care prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorised attempt to modify any material, to defeat or circumvent any security features, or to utilise Eastside Eye Care or any part of the material for any purpose other than its intended purposes is strictly prohibited.

6. COPYRIGHT INFRINGEMENT

Eastside Eye Care will respond to all enquiries, complaints and claims relating to alleged infringement or violation of provisions contained in Australian and international copyright and intellectual property laws and regulations. Eastside Eye Care respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material on the website infringes your copyright or other intellectual property rights, please submit your request via our contact information, with the following information:     

• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
• A statement that specifically identifies the location of the infringing material, in sufficient detail so that Eastside Eye Care can find it on the website.  
• Your name, address, telephone number and email address.
• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorised by the copyright owner, or its agents, or by law.
• A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorised to act on its behalf.
• An electronic or physical signature of the copyright owner or of the person authorised to act on the copyright owner's behalf.

7. PERSONAL DATA

Any personal information you submit in connection with your use of the website and our services will be used in accordance with our privacy policy. By using the website and our services, you consent to our collection and storage of your personal information. View our privacy policy.

8. PROHIBITED ACTIVITIES

The following activities are prohibited:

• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
• Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
• Deep-link to any portion of the services for any purpose without our express written permission.
• "Frame", "mirror" or otherwise incorporate any part of the website into any other websites or service without our prior written authorisation.
• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Eastside Eye Care in connection with the services.
• Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content.
  

9. DISCLAIMER OF WARRANTIES 

Due to the nature of the Internet, Eastside Eye Care provides and maintains the website on an "as is", "as available" basis and does not promise that use of the website will be uninterrupted or error free. We will not be liable to you if we are unable to provide the website or our services for any reason beyond our control.

Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Eastside Eye Care for any loss or damage caused as a result.

Eastside Eye Care shall not be liable in any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or any uncontrollable act of nature.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject to the foregoing, to the maximum extent permitted by law, Eastside Eye Care excludes all liability for any loss or damage of any kind whatsoever which may arise, including without limitation any direct, indirect or consequential loss, whether or not arising out of any problem you notify Eastside Eye Care of, and Eastside Eye Care shall have no liability to pay any compensation, including without limitation any liability in connection with:

• Any incorrect or inaccurate information on the website.
• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or service purchased through the website.
• Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control.
• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from Eastside Eye Care.
• All representations, warranties, conditions and other terms which but for this notice would have effect.

10. ELECTRONIC COMMUNICATIONS

Eastside Eye Care will accept no liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection, availability of computer, telephone, cable, network, electronic or Internet hardware or software, for the acts or omissions of any user or third party, for the accessibility or availability of the Internet or for traffic congestion or unauthorised human action, including errors or mistakes. 

11. CHANGES AND TERMINATION

We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and patients. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.

12. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by Eastside Eye Care, shall constitute the entire agreement between you and Eastside Eye Care concerning and governs your use of the website and the services.

13. FORCE MAJEURE

Eastside Eye Care shall not be liable for any failure or non-performance of services due to causes beyond its reasonable control, including but not limited to acts of civil authorities, acts of military authorities, riots, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances and which may prevent the performance of our services.

14. ARBITRATION

You acknowledge and agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, whether for breach, termination, performance, interpretation or validity, as well as any aspect of your use of the website and our services, shall preferably be resolved by binding arbitration between you and Eastside Eye Care. Notwithstanding the foregoing, the right of both parties to bring individual claims in a court of competent jurisdiction if they deem it necessary remains.

In the event of any dispute arising in connection with your use of the website and our services or breach of these terms and conditions, both parties agree to seek resolution through an arbitration process. This process will be conducted before a recognised and respected arbitration entity, selected by mutual agreement of both parties and following the applicable commercial arbitration rules.

In addition, the user agrees, to the extent permitted by applicable law, not to initiate, join or participate in class action lawsuits associated with any claim, dispute or controversy that may arise in connection with the use of the website and our services. This commitment seeks to promote a more agile and personalised resolution of any conflict, favouring arbitration and individual legal actions over class actions.

15. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of Australia. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the courts of Brisbane, Australia. This applies unless binding arbitration is agreed in the relevant section.

16. FINAL PROVISIONS

Your use of our website and services is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorisation to use our services does not extend to jurisdictions where these provisions are not respected or applied.

Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those related to law enforcement and the use of our website. Information provided or collected in connection with the use of the website will be subject to these requirements.

In the event that any provision of these terms and conditions is declared invalid, illegal or unenforceable by a court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. Failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.

We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.

17. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us using the contact information below:

Eastside Eye Care

Phone: (07) 3153 1000

Email: info@eastsideeye.com.au