(012) 665-0072
  duncan@macoptom.co.za

INTRODUCTION

Welcome to the Macmillan Optometrists website, owned by Macmillan Optometrists. These Terms and Conditions of use set out the terms that regulate the use of the Macmillan Optometrists website by the user.

ACCEPTANCE OF TERMS

These Terms take effect as soon as you access the Macmillan Optometrists website and is a binding agreement between Macmillan Optometrists and yourself. The current version of these Terms will govern both Macmillan Optometrists's and your rights and obligations each time you access this website. If you do not agree with any provision contained in these Terms, you must immediately stop using the Macmillan Optometrists website. Your failure to do so, and your continued use of the Website, will mean that you have read, understood, and agree to the provisions of these Terms.

USE OF THE WEBSITE

By accessing the Macmillan Optometrists website, you warrant that your use of the Macmillan Optometrists website is for lawful purposes, you are over 18 years of age, and you can legally conclude an agreement with Macmillan Optometrists.

You further warrant that you will not contravene any South African or international laws by using the Macmillan Optometrists website, any services offered on the Macmillan Optometrists website, or any information provided to you by Macmillan Optometrists through your use of the Macmillan Optometrists website. Except as expressly authorised by these Terms, you may not use, alter, copy, distribute, or transmit any content contained on this website.

USE OF INFORMATION

Macmillan Optometrists conducts its business in accordance with South African legislation applicable to its business. One aspect of such legal compliance relates to data protection. Macmillan Optometrists values the privacy of your information and will protect your personal information in accordance with laws and regulations. This includes the Protection of Personal Information Act no 4 of 2013 (POPIA).

By using the Macmillan Optometrists website, you acknowledge, agree and consent to Macmillan Optometrists and our suppliers, or any person authorised on our behalf, using your personal information, for any purpose necessary for you to use the Macmillan Optometrists website, or for Macmillan Optometrists to render any service to you via the Macmillan Optometrists website.

AMENDMENT OF TERMS

Macmillan Optometrists reserves the right to amend these Terms at any time. Whenever Macmillan Optometrists concludes any amendments to these Terms, the amended Terms will be posted on this page, together with an indication at the bottom of the page as to the date upon which the Terms were last revised. You agree to review these Terms for any such amendments whenever you visit the Macmillan Optometrists website. Should you not agree to any amendments to these Terms, you must immediately stop using the Macmillan Optometrists website.

CONTENT OF USERS

There may be certain areas on the Macmillan Optometrists website that allow users of the Macmillan Optometrists website to upload questions, data, and other information. As a user, you are responsible for the content that you upload, display, and add to the Macmillan Optometrists website. Macmillan Optometrists will not review any user content.

You agree not to add any user content that contains any information that is not legally permitted, you do not have a right to make available under any law, or under contractual relationships and you know is incorrect. You agree that any user content that you add to the Macmillan Optometrists website does not violate any third-party rights.

COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

For purposes of these Terms, Intellectual Property Rights means all intellectual property rights including, patents, designs, copyright, trademarks, trade secrets and know-how, applications and registrations, renewals, and extensions.

Unless the contrary is specified in these Terms, all content contained on the Macmillan Optometrists website, or incorporated or embedded in any service offered on the Macmillan Optometrists website, including software, images, text, graphics, illustrations, logos, branding, photographs, and all Intellectual Property Rights in such content, belongs exclusively to Macmillan Optometrists. You agree that you will at no time lay claim to Macmillan Optometrists content, and to any Intellectual Property Rights subsisting in such content.

Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license to any Intellectual Property Rights belonging to Macmillan Optometrists, and you agree that you will not:

  • Modify, port, translate, localise, or create derivative works of Macmillan Optometrists content.
  • Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques or algorithms contained or incorporated in any Company content.
  • Disclose any of Macmillan Optometrists content.
  • Sell, lease, license, sublicense, copy, market, reproduce, transmit or distribute Macmillan Optometrists content.
  • Knowingly take any action that would cause any of Macmillan Optometrists content to be placed in the public domain.

You understand and acknowledge that you may be exposed to user content that is inaccurate, misleading, and offensive. You agree that Macmillan Optometrists will not be liable for any damages you allege to incur because of exposure to such user content.

DISCLAIMER OF WARRANTIES AND LIABILITIES

Macmillan Optometrists does not make any warranties, statements, or guarantees, regarding the Macmillan Optometrists website and any services offered on the Macmillan Optometrists website. These are provided on an "as is" basis. Use of the Macmillan Optometrists website, any Company content and any service offered is entirely at your own risk.

Macmillan Optometrists makes no warranties or conditions about the quality, accuracy, reliability, completeness, or timeliness of any of the foregoing. Macmillan Optometrists does not take any responsibility for any errors, omissions or inaccuracies on the Macmillan Optometrists website, the content and any service that may be offered.

Neither Macmillan Optometrists nor its shareholders, directors, or employees (Indemnified Parties), shall be responsible for any loss, harm, damage, and expense which may be suffered by you or any third-party, which may be attributable to your access and use of the Macmillan Optometrists website, or any information contained on or received via the Macmillan Optometrists website.

The Indemnified Parties shall not be liable for any loss of business, data or profits, failure, or unavailability of the Macmillan Optometrists website for any reason, and failure by any third-party service provider to render any service which are necessary to ensure the availability of the Macmillan Optometrists website.

You hereby indemnify the Indemnified Parties against any loss, liability, harm, damage, or expense which may be suffered by you or any third-party because of or which may be attributable to any of the above.

INDEMNITY

In addition to the warranties and indemnities set out above, you hereby agree to hold harmless the Indemnified Parties from any claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from:

  • Your violation of any provision of these terms.
  • Your violation of any third party right including any Intellectual Property Right, or other property or privacy right.
  • Any claim that the user content caused damage to a third-party.

EXTERNAL LINKS

External links may be provided for your convenience; however, Macmillan Optometrists makes no representations whatsoever about any third-party website or its content. Use of any external links provided is entirely at your own risk. It is your responsibility to ensure that you obtain all relevant information and that you read the privacy and security policy displayed on any third-party website. Macmillan Optometrists has no control over such third-party websites and will not be liable for any loss or damage that you may suffer, because of your use of third-party websites.

GOVERNING LAW

These Terms shall be governed in accordance with the laws of the Republic of South Africa, and you hereby submit to the jurisdiction of the South African courts. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable by a competent court in the Republic of South Africa, then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.