1.1.1 The website at www.optometry.org.au (Website) is owned by Optometry Australia (ABN 17 004 622 431) (‘OA’; ‘we’; ‘us’; or ‘our’).
1.1.2 These terms and conditions apply to your use of this Website. In using this Website, you (‘you’, ‘your’, or ‘user’) agree to be are bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Website.
1.1.3 Amendments to terms and conditions: We reserve the right to amend these terms and conditions from time to time at our discretion and without notice. The date of posting the amended terms and conditions on the Website will be the date that the new terms and conditions come into effect and apply to you. Your continued use of the Website, and purchase of goods and services from us after posting of the amended terms and conditions will indicate your acceptance of the amended terms.
1.1.4 Websites owned by third parties: The Website contains hyper-links to other websites (‘linked websites’) that may be owned by third parties. Those links are provided for convenience only and may not remain current or be maintained. You accept that OA:
184.108.40.206 has no control over, and is not responsible for, any material contained on any third-party website; and
220.127.116.11 are not responsible for the content or privacy practices associated with linked websites.1.2 Licence
1.2.1 By accessing this Website, OA grants you a licence to view and download material in the Website for personal use only (Licence).
1.2.2 In granting this Licence, you acknowledge and agree to not copying or translating material on this Website for commercial use, reproducing, adapting, varying or modifying any material in the Website without the express written consent of OA.
1.2.3 This Licence does not extend to third-party Websites.
1.3 Intellectual Property rights and ownership
1.3.1 The OA brand and all OA associated trade marks, whether registered or unregistered, are and will at all times remain the property of OA and are subject to copyright and other intellectual property rights under Australian law, international conventions and other laws.
1.3.2 Except as expressly permitted by these terms and conditions, you undertake not to copy, publish or reproduce in whole or in part the OA Intellectual Property without the express written consent of OA.
1.3.3 Where OA has permission to use the trade mark of a third-party in our Website, these trade marks must not be copied for any purpose and OA is unable to provide permission for you to use those third party trade marks under any circumstances.
1.4.1 OA does not warrant that the material in the Website, or linked websites, is accurate, complete or up to date.
1.4.2 OA reserves the right to change, add or remove any material in, or from the Website, without notice.
1.4.3 OA does not warrant that the functions contained in the Website or third-party websites, are free of viruses or other harmful components.
1.4.4 OA makes no warranty that goods or services acquired from us over the Website will meet your requirements. For example, OA make no warranty of merchantability or fitness for a particular purpose.
1.5.1 You release and indemnify OA, our servants and agents against all actions, liabilities, damages, claims and demands (including the costs of defending or settling any action, claim or demand) which may be instituted against us arising out of a breach by you of these terms and conditions or arising as a result of your negligent or willful misconduct in connection with the provision of content pursuant to these terms and conditions.
1.6.1 We expressly disclaim any liability to the fullest extent permitted by law in relation to the consumer guarantees pursuant to the Australian Consumer Law (under Schedule 2 of the Competition and Consumer Act 2010 (Cth). Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or liability implied in these terms and conditions or protected by law to the extent that such exclusion, restriction or modification would render these terms and conditions or any provision of these terms and conditions void, illegal or unenforceable.
1.6.2 Pursuant to section 64A of the Australian Consumer Law (under Schedule 2 of the Competition and Consumer Act 2010 (Cth)):
18.104.22.168 this sub-clause applies in respect of any of the goods or services supplied under these terms and conditions which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this sub-clause will not apply if you establish that reliance on it would not be fair and reasonable;
22.214.171.124 Liability for breach of a guarantee conferred by the Australian Consumer Law (under Schedule 2 of the Competition and Consumer Act 2010 (Cth), other than those conferred by sections 51 to 53 of the Australian Consumer Law, is limited:
a) in the case of goods, to any one of the following as determined by us:
i) the replacement of the goods or the supply of equivalent goods; or
ii) the repair of the goods; or
iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
iv) the payment of the cost of having the goods repaired;
b) in the case of services, to any of the following as determined by us:
i) the supplying of the services again; or
ii) the payment of the cost of having the services supplied again.
1.7 You accept that OA:
1.7.1 do not accept responsibility for any loss or damage, howsoever caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Website.
1.7.2 any condition, warranty, right or liability which would otherwise be implied in these terms and conditions or protected by law is excluded; and
1.7.3 to the extent permitted by law, all implied terms are excluded and OA do not accept liability to you in respect of any direct, special, indirect or consequential damages, losses, expenses or costs which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to or in any way connected with the Website, arising out of a breach of these terms and conditions, the supply of a defective program, or any error, omission or misrepresentation on our part to comply with our obligations as set out in these terms and conditions.
1.7.4 You acknowledge OA:
126.96.36.199 does not accept responsibility for any error or omission relating to the material contained in the Website; and
188.8.131.52 makes no undertakings to provide access to the Website at any particular time, or for any particular time, and that OA will not be held liable for any lapse in the Website’s accessibility, or any consequences whatsoever that flow from the unavailability of the Website.
1.8 Security of information
1.8.1 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
1.8.2 You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk. We reserve the right to remove your username or similar identifier in respect of your account if appropriate.
1.8.3 You acknowledge sole responsibility for and assume all risk arising from your use of the Website.
1.9 Termination of Website
1.9.1 Access to the Website may be terminated by us at any time and without notice.
1.10 Anti-spam notice
1.10.1 Publication of electronic addresses on the Website is for the purpose of professional communication only and must not be used to infer consent by OA or the relevant addressees (as appropriate) to the receipt of unsolicited commercial electronic messages.
1.12 Governing Law
1.12.1 These terms and conditions are governed by and construed in accordance with the laws of Victoria, Australia.
1.12.2 All parties hereby submit to the jurisdiction of the Courts of Victoria, Australia.
1.13.1 Headings are inserted for convenience only and do not affect the interpretation of these terms and conditions.
1.13.2 The singular includes the plural and vice versa.
2.0 TERMS OF SALE
2.1.1 These Terms of Sale apply to the purchase of:
184.108.40.206 OA branded items available for purchase and promoted on the Website such as those available, from time to time, via the online store (‘Online Store’);
220.127.116.11 events organised and managed by OA, Optometry New South Wales
Australian Capital Territory; Optometry Queensland Northern Territory;
Optometry Western Australia; Optometry Tasmania; Optometry Victoria
South Australia either individually or collectively or any event organised and
managed by an amalgamation of any two or more of the entities listed above
(‘OA Events’). (Each entity individually is referred to as OA or OA Party);
18.104.22.168 OA membership subscriptions (‘Subscriptions’) (if available); and
22.214.171.124 any other products or services that OA may offer for sale on the Online Store.
2.1.2 Purchases made via the Website constitute acknowledgement and acceptance of these terms and conditions by you.
2.1.3 OA receives revenue on all sales of items made via the Online Store. The revenue is applied to maintain the quality and diversity of our services.
2.2 Online Store
2.2.1 You may offer to purchase goods described on the Online Store for the price specified on the Online Store.
126.96.36.199 All prices of items are in Australian Dollars.
188.8.131.52 Where items are shipped from Australia, the price includes goods and
services tax as defined in A New Tax System (Goods and Services Tax) Act
1999 as amended from time to time or any replacement or other relevant
legislation and regulations (‘GST’).
184.108.40.206 Where an item is shipped from outside of Australia the price of that item is
exclusive of GST.
2.2.3 Online Orders from Australia or Overseas
220.127.116.11 Currently the Online Store only accepts online orders within Australia. Please
email email@example.com or call on (03) 9668 8500 for any queries outside of Australia.
2.2.4 Product Availability
18.104.22.168 OA may, from time to time, offer products for sale via the Online Store (including but not limited to books or guides) that require postage. OA will determine at the time of offering such items for sale, whether postage is included or additional to the sale price. If applicable, the postage price will be clearly displayed on the Online Store at the time of purchase.
22.214.171.124 OA may, from time to time, offer soft copy items for sale via the Online Store (including, but not limited to certificates and CASA licence renewals). These items will be delivered to your nominated email address as soon as practicable after your purchase.
2.2.5 Returns, Refund and Cancellation Policy
126.96.36.199 In the event that we are unable to supply the items ordered, we will inform you of this as soon as practicable. In the event that this situation occurs, OA will at their election provide you with:
a) a full refund to the credit card originally used to make the purchase; or
b) a credit note for the amount that you paid.
For the avoidance of doubt any refunds arising from these circumstances will include a refund of any postage paid (if applicable).
188.8.131.52 You may cancel all or part of your online order, provided that you contact us before you receive notification that the item or service has been shipped. Please contact the Online Store on firstname.lastname@example.org. Please include the Online Store order number in any correspondence with us concerning your order.
184.108.40.206 We acknowledge that despite reasonable precautions, items may be listed at an incorrect price or with incorrect information due to typographical error or unintended oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of shipment of items to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a refund to your credit card account for the amount charged.
2.3 OA Events Registration and Refunds
2.3.1 Fees and Refunds
220.127.116.11 All registrations to an OA Event published on the Website and that requires an attendance fee, must be accompanied by payment. We will not guarantee your registration at that OA Event until your payment has been successfully received.
18.104.22.168 Confirmation of registration
a) You will be sent a confirmation email from OA or an OA Party within 48 hours of receipt of your successful registration to an OA Event.
b) If you do not receive an email confirmation, please contact the relevant OA Party nominated on the OA Event promotional material.to ensure that your registration has been successfully received.
22.214.171.124 Cancellation and Substitution of registration: Once payment for an OA Event has been received any non-attendance, cancellation or request for transfer, is subject to the following terms:
a) No refund will be provided for non-attendance.
b) A full refund will be provided in the event that we are notified of your cancellation in writing at least 72 hours prior to the start of the OA Event. Any notification of cancellation is to be sent to the contact details nominated on the OA Event promotional material.
c) Your registration fee may be substituted for attendance at another OA Event provided only that the organising Party as listed on the OA Event promotional material is notified in writing of the requested change and substitution at least three (3) hours prior to the registered OA Event commencing. If the registration fee for the substitute OA Event is higher than for the original OA Event registration, the notification of change and request for substitution must be accompanied by the difference in registration fee payable.
126.96.36.199 If the situation arises where more than the maximum number of participants registers for an OA Event, preference to attendance will be given in order of receipt of registration. You will be contacted by an OA or OA Party representative if the substitution is unsuccessful.
188.8.131.52 GST Liability
a) All OA Events are GST inclusive unless otherwise indicated.
b) Tax invoices are generated upon request and emailed to you.
184.108.40.206 Cancellation of an Optometry Australia Event
a) The OA or OA Parties reserve the right to cancel an OA Event or postpone an OA Event to an alternative date of their choice.
b) If you are affected by the cancellation of an OA Event, the OA Party will contact you and offer the opportunity to transfer your event registration to the next available date or offer you a full refund, at your election.
220.127.116.11 We welcome feedback on all OA Events. Please provide feedback to the relevant OA Party who conducted the OA Event in question as provided on the OA Event promotional material.
3.0 OA JOBS BOARD
3.1.1 OA facilitates and hosts a jobs board on this Website (‘Jobs Board’).
3.1.2 OA accepts employment advertisements on our Jobs Board from the following advertisers:
18.104.22.168 ‘Employer Advertisers’: organisations having an employment vacancy can list their vacancy by vacancy type (full time, part time or locum) and location (state and city/town) in order to attract suitable candidates to apply for the vacancy; and
22.214.171.124 ‘Job Wanted Advertisers’: individuals advertise their availability to secure employment (full time, part time, locum, full/part time) in a particular location (state and city/town) with the goal of attracting suitable employers or organisations who may have an employment vacancy that meets their employment needs, (collectively, ‘Job Advertisers’).
3.1.3 All Job Advertiser advertisements are listed on the Jobs Board (‘Listing/s’) and are displayed within an inventory of Listings (‘Inventory’). The precise layout of the Inventory depends on the Listing that Employer Advertisers (see Clause 3.2.1) or Job Wanted Advertisers select (see Clause 3.2.1) at the time of posting their vacancy.
3.1.4 Whether a Jobs Advertiser or a candidate applying for a job vacancy advertised on the Jobs Board, you acknowledge and agree that OA is not an employment agency procuring employees for employers. OA merely provides a tool enabling Employer Advertisers to advertise employment opportunities and Job Wanted Advertisers and candidates to find employment. The sole responsibility for:
126.96.36.199 applying for a position advertised on the Jobs Board rests with the candidate;
188.8.131.52 responding to a candidate rests with the Employer Advertiser; and
184.108.40.206 responding to a Job Wanted Advertiser rests with the organisation looking for a suitable candidate.
3.1.5 In accepting an employment advertisement Listing, Job Advertisers and candidates acknowledge that OA does not:
220.127.116.11 accept, claim to represent, or be a representative or agent of the Job Advertiser;
18.104.22.168 accept, claim to represent, or be a representative or agent of the candidate;
22.214.171.124 endorse or recommend a Job Advertiser; or
126.96.36.199 endorse or recommend a candidate.
3.1.6 OA gives no guarantee as to:
188.8.131.52 the quantity, or quality, of Listings on the Jobs Board;
184.108.40.206 the quantity, or quality of, of candidate applications that Listings on the Jobs Board may attract; or
220.127.116.11 the quantity, or quality, of organisations using the Jobs Board to respond to a Job Wanted Advertiser.
3.1.7 Whilst OA takes all reasonable efforts to ensure that employment opportunities advertised on the Jobs Board are for actual employment vacancies, OA provides no guarantee that every employment advertisement advertised on the Jobs Board represents an actual vacancy and that every candidate that applies for a vacancy, is a genuine candidate nor that every Job Wanted Advertiser is genuinely seeking employment.
3.1.8 OA strongly recommends that prior to entering into any employment arrangement candidates, Employer Advertisers, Job Wanted Advertisers and prospective employers (as applicable) using the Jobs Board to facilitate their employment arrangements obtain their own independent legal advice. OA will not be liable to any candidate, Employer Advertiser, Jobs Wanted Advertiser or prospective employer (as applicable) or anyone else, for any decision made, or action taken, in reliance upon the information contained on, or omitted from a Listing or during or after the recruitment process. It is the candidate’s, Employer Advertiser’s, Job Wanted Advertiser’s or prospective employers (as applicable) sole responsibility to evaluate the accuracy, completeness and usefulness of any information relied on in seeking or advertising employment opportunities.
3.1.9 OA will not:
18.104.22.168 screen any candidate or Job Wanted Advertiser applications;
22.214.171.124 make any inquiries into the backgrounds of candidates, advertisers, or prospective employers on behalf of candidates, Employer Advertisers or Job Wanted Advertisers or prospective employers.
126.96.36.199 be liable for the assessment and selection of candidates by Employer Advertisers or the assessment and selection of Employer Advertisers by candidates.
188.8.131.52 be liable for the assessment and selection of prospective employers by Job Wanted Advertisers or for the assessment and selection of Job Wanted Advertisers by prospective employers.
184.108.40.206 take any part in, or be responsible for, agreements entered into between a candidate and an Employer Advertiser or a Job Wanted Advertiser and a prospective employer.
3.1.10 OA may, at any time and at our absolute discretion, discontinue the Jobs Board, or part of the Jobs Board. OA will notify by email, all Job Advertisers who have placed a Listing on the Jobs Board in the 12 months leading up to the decision to discontinue the Jobs Board (in its entirety or in part) as well as all Job Advertisers with live Listings.
3.1.11 In the event that OA:
220.127.116.11 discontinues the Jobs Board in its entirety, OA will maintain the Jobs Board on the Website until the expiry of 30-calendar days following the posting of the final Listing on the Jobs Board (based on the date and time the Listing went live on the Jobs Board). OA will take no more Listings once it has announced that it is discontinuing the Jobs Board.
18.104.22.168 discontinues part of the Jobs Board, OA will maintain that part of the Jobs Board on the Website that it plans to discontinue until the expiry of 30-calendar days following the posting of the final Listing impacted by that change (based on the date and time that the Listing went live).
3.2 Jobs Board Listings
3.2.1 All Job Advertisers will pay a fee for Listing their vacancy on the Jobs Board (‘Listing Fee’). The Listing Fee paid will depend on the listing chosen (‘Listing”). The Listings available are detailed in clause 3.2.1 below:
|Item||'Positions Vacant' Advertisers||Available Listing Packages||Fee (exc. GST)|
|1||Job Wanted Advertiser with valid|
current membership of OA seeking
employment for themselves (and no other person)
|Standard||Exempt from paying
|2||Job Wanted Advertiser without a valid|
current membership of OA seeking
employment for themselves (and no other person)
|Standard (see Item 1 above for details)||$35.00|
|3||Employer Advertiser||Standard (see Item 1 above for details)||$35.00|
3.2.2 Employer Advertisers acknowledge and agree that:
22.214.171.124 they must pay the applicable Listing Fee to OA using a valid credit card (VISA or Mastercard), or as otherwise negotiated, before their Listing is accepted by OA.
126.96.36.199 All Employer Advertisers must register in order to list employment vacancies on the Jobs Board. To register as an Employer Advertiser, they must:
a) provide the full business name of the Employer Advertiser including the Employer Advertiser’s mailing address and Australian Business Number; and
b) provide the name of a contact person who is responsible for placing employment vacancies on behalf of the Employer Advertiser including their contact person’s phone and email address.
3.2.3 Where the Job Wanted Advertiser is not a current and valid member of OA (refer to clause 3.2.1), or where a current valid member of OA places a Listing that is not a Standard Listing, the Job Wanted Advertisers acknowledge and agree that:
188.8.131.52 they must pay the applicable Listing Fee to OA using a valid credit card (VISA or Mastercard), or as otherwise negotiated, before their Listing is accepted by OA.
184.108.40.206 All Job Wanted Advertisers must register in order to list employment wanted listings on the Jobs Board. To register as a Job Wanted Advertiser, they must:
a) provide the full business name of the Job Wanted Advertiser including the Job Wanted Advertiser’s mailing address and Australian Business Number (if applicable); and
b) provide the name of any contact person who is responsible for placing employment vacancies on behalf of the Job Wanted Advertiser including their contact person’s contact details including phone and email.
3.2.4 OA exercises the right to alter the product offering of a Listing at our absolute discretion and without notice. In the event that OA alters the product offering of a Listing, this change will not impact any listings that are live at the time the change is implemented but will only affect listings posted after the change has been implemented.
3.3.1 Listing period: Unless otherwise negotiated with OA, all Listings will be displayed on the Jobs Board for a 30-calendar day period beginning from when the Listing is displayed in the Inventory on the Website (‘Live’) and expiring at 11:59pm on the 30th day of the Listing being posted.
220.127.116.11 Extensions to Listings will attract an additional 30-calendar day Listing fee with the exception of Jobs Wanted Advertisers with valid current membership of OA seeking employment for themselves.
3.3.2 Job Advertisers acknowledge and agree that:
18.104.22.168 the Job Advertiser is entirely responsible for the content contained within their Listing, including words, logos, graphics, or linked PDF documents (‘Listing Content’) and that OA will not be held liable for any Listing Content that the Job Advertiser deems is incorrect, missing or of poor quality or for any other reason the Job Advertiser considers is incorrect or misrepresented and that is contained within a live Listing.
22.214.171.124 OA will review and approve all Listings before they go Live.
126.96.36.199 OA will use all reasonable endeavours to approve a Listing and post it Live within two business days of the Job Advertiser uploading their Listing Content.
188.8.131.52 OA has the right not to publish a Listing where, in the absolute discretion of OA, the Listing Content could:
a) bring us into disrepute;
b) contravene any laws; or
c) contravene clause 3.3.3.
3.3.3 Where a Listing is removed subject to OA’s discretion in clause 184.108.40.206 above, OA will notify the Job Advertiser of this decision and no further negotiation will be entered into.
3.3.4 Job Advertisers represent and warrant that they shall not create a Listing on the Jobs Board, that contains or makes reference to:
220.127.116.11 illegal, discriminatory, fraudulent, abusive, libelous, sexual, ethnic, racial or other discriminatory information or slurs, or that contains no relevant or constructive content;
18.104.22.168 any proprietary information, trade secrets, confidential information, solicitations, chain letters, pyramid schemes or unsolicited commercial communication (except as otherwise expressly permitted by us in writing in advance);
22.214.171.124 requests for banking information, superannuation, online account, password, health or any other highly confidential personal information; or
126.96.36.199 that otherwise contravenes these terms and conditions.
3.4 Employer Advertisers
3.4.1 Employer Advertisers acknowledge and agree that unless otherwise negotiated:
188.8.131.52 each Listing posted to the Jobs Board will contain details of one (1) vacancy only. Listings containing multiple job vacancies are not permitted.
184.108.40.206 they will not place a Listing on the Jobs Board using the membership number of a current OA Member in order to avoid paying Listing Fees;
220.127.116.11 their Listing Content will not contain live or static links, to their own or any third-party website.
18.104.22.168 OA retains the right to remove any Listing, or any Listing Content, where in the opinion of OA, it contains information about, or eludes to information about, multiple employment vacancies or where the Listing contains information about, or eludes to information about links to a third-party website.
3.5 Job Wanted Advertisers
3.5.1 Job Wanted Advertisers acknowledge and agree that:
22.214.171.124 each Listing posted to the Jobs Board will contain details of one (1) applicant only. Listings containing multiple job applicants are not permitted.
126.96.36.199 Job Wanted Advertisers that are an Employment Agency or a Locum Agency representing more than one person seeking employment, shall not place a Listing on the Jobs Board using the membership number of an OA Member in order to avoid paying a Listing Fee.
188.8.131.52 their Listing Content will not contain live or static links, to their own or any third-party website.
3.5.2 A Job Wanted Advertiser who is a current Member of OA (with a valid membership number) and who is genuinely seeking employment for themselves and for no other person, is entitled to a free Standard Listing (see Item 1 in Table at clause 3.2.1 above) or they can elect another Listing option provided the appropriate Listing Fee if paid.
3.5.3 OA retains the right to remove any Listing, or any Listing Content, where in the opinion of OA, it contains information about, or eludes to information about, multiple people seeking employment or where the Listing contains information about, or eludes to information about, links to a third-party Website.
3.6 Jobs Board Packages
3.6.1 OA may, from time to time, enter into separate financial agreements with corporations that regularly post Listings on the Jobs Board as an Employer Advertiser or a Job Wanted Advertiser to pre-purchase Listings (‘Package’).
3.6.2 Each Package has an agreed financial limit (inclusive of GST) (‘Financial Limit’).
3.6.3 Each Package automatically expires at 11:59pm on the agreed end date (‘End Date’).
3.6.4 From the approval of the first Package Listing until 11:59pm on the End Date, the holder of the Package may place unlimited Standard, Bronze, Silver or Gold Listings on the Jobs Board up to the total value of the agreed Financial Limit. Once the Financial Limit has been reached no further Listings can be placed without further negotiation on the Financial Limit, or payment of the applicable Listing Fees.
3.6.5 Each Listing placed under a Package the applicable Listing Fee (including GST) will be deducted from the Package total. The Package will continue to reduce until:
184.108.40.206 the total value of Listings has reached the Financial Limit; or
220.127.116.11 the remaining Package funds are less than the Standard Listing Fee; or
18.104.22.168 the End Date has been reached.
3.6.6 Any Package funds remaining and unused at the End Date will not be refunded.
3.6.7 These terms and conditions apply to, and must be read in conjunction with, any Package agreement negotiated in respect of the Jobs Board. If there is any ambiguity or inconsistency between these terms and conditions and the Package agreement, these terms and conditions take precedence to the extent of any ambiguity or inconsistency.
3.7 Listing order
3.7.1 Job Advertisers acknowledge and agree that Gold Listings are given precedence and placed first in the Inventory in chronological order of Listing date and time, followed by Silver Listings in chronological order of Listing date and time, followed by Bronze Listings in chronological order of Listing date and time and then Standard Listings in chronological order of Listing date and time.
3.7.2 Job Advertisers acknowledge and agree that in the event of there being:
22.214.171.124 more than one Gold Listing placed at any one time, Gold Listings will be placed in chronological order of when the Gold Listing went Live in the Inventory;
126.96.36.199 more than one Silver Listing placed at any one time, Silver Listings will be placed in chronological order of the Silver Listing went Live in the Inventory; and
188.8.131.52 more than one Bronze Listing placed at any one-time, Bronze Listings will be placed in chronological order of when the Bronze Listing went Live in the Inventory.
3.8 Cancellation or change of Listings
3.8.1 Job Advertisers acknowledge and agree that they may cancel their Listing at any time after the Listing goes Live.
3.8.2 No refund of the Listing Fee (in full, or part) is payable by us in the event that a Listing is cancelled.
3.8.3 Job Advertisers acknowledge and agree that they are unable to change their Listing Content at any time after the Listing goes Live. For any Listing Content changes required post the Listing going Live the Listing will need to be cancelled and a new Listing made. This new Listing may incur any applicable Listing Fees.
4.1.1 OA from time to time presents live webcasts (‘OA Webcasts’).
4.1.2 Attendance of, and participation in an OA Webcast is only available to current OA members.
4.1.3 Members must login to the OA member-only section of the Website to register to attend a live OA Webcast (‘Registrants’).
4.1.4 Registrants will receive a confirmation email of their registration which provides a link to access the live OA Webcast they have registered to attend.
4.1.5 OA will not be held responsible in the event that any OA member enters their details incorrectly when registering to attend an OA Webcast, or for confirmation emails that are not received due to restrictions of the member’s email settings. OA encourages members awaiting confirmation of OA Webcast registration to check your Junk and/or Spam email folder and ensure that OA is set as a ‘safe sender’ in your email settings.
4.1.6 OA Webcasts are hosted on third-party websites by independent webcast providers (‘Webcast Providers’). OA members may be required to provide personal information such as their name, email address and contact number with Webcast Providers to gain access to the OA Webcast. OA recommends members read Webcast Providers privacy policies prior to providing any personal information to a Webcast Provider. OA will not be held liable for the use, or misuse, of members’ personal information by any Webcast Provider.
4.1.7 OA Webcasts can be accessed by any computer, laptop, tablet or smartphone connected to the internet. OA will not be held liable for the quality of an OA Webcast due to disrupted, poor or slow internet connection, technical difficulties, power or internet outage(s), or that results from the technology being used by a Registrant to access the OA Webcast. Where a Registrant is having difficulties accessing a live OA Webcast, these must be reported to email@example.com before or during the OA Webcast being delivered. Any reporting of technical difficulties after the OA Webcast being delivered, will not result in the allocation of face-to-face CPD points (see clause 4.2).
4.1.8 OA may cancel or postpone an OA Webcast:
184.108.40.206 when the delivery of the webcast has been disrupted, or cannot be delivered, as a result of power outage(s), technical difficulties, internet connectivity or any other unforeseen issue that reasonably prevents the live staging of the OA Webcast via the internet; or
220.127.116.11 due to a scheduled OA Webcast presenter(s) cancelling, becoming ill or any other unavoidable reason that OA (in its reasonable opinion) deems necessary to cancel the OA Webcast. Where cancellation or postponement of an OA Webcast occurs, OA will notify Registrants and make every effort to re-schedule the OA Webcast to another date and time. OA cannot guarantee that any subsequent replacement OA Webcast will be presented by the same webcast presenter(s) or held at a date or time convenient to you.
4.1.9 OA reserves the right to change webcast presenters at any time, and for any reason, before an OA Webcast is scheduled to begin. Where a presenter changes, OA will make every effort to notify Registrants of the change in advance.
4.1.10 OA will record all OA Webcasts.
4.1.11 As soon as practicable following the presentation of the OA Webcast, a copy of the recorded OA Webcast will be uploaded to the Website for access by all OA members. OA may remove or modify an OA webcast from the Website at any time and for any reason, without notification.
4.2 OA Webcasts CPD points allocation
4.2.1 Registrants may receive CPD points for attendance at live or recorded OA Webcasts. Allocation of CPD points complies with the Optometry Board of Australia guidelines. Any Registrant who attends an OA Webcast for less than 60 minutes is ineligible for any CPD points. A Registrant who attends an OA Webcast for more than 60 minutes, but for less than the entire duration of the OA Webcast, will be allocated CPD points based on a pro rata system. Attendance and CPD point allocation for face-to-face points will be based on post-event reporting of OA Webcast attendance. Without documented proof that the duration of attendance was in excess of post-event reporting, there can be no variation or alteration to viewing time. The Optometry Board of Australia table of CPD points calculation guidelines is extracted below.
|Attendance duration||No assessment||With assessment of|
|No assessment||With assessment|
4.2.2 Any Registrant who views the OA Webcast live will be eligible for face-to-face CPD points based on the attendance logs which are automatically recorded and provided directly to OA. These face-to-face points will then be allocated accordingly by OA.
4.2.3 Registrants who view the OA Webcast with other Registrants in a group setting, must login to the OA Webcast using their own unique digital device and the email address used to register for the OA Webcast. Failure to complete these steps will result in the Registrant not being able to claim attendance at and consequently earn face-to-face CPD points for attending the OA Webcast.
4.3 Watching a recording of an OA Webcast
4.3.1 OA members who are unable to attend the live OA Webcast are entitled to watch a recording of the OA Webcast hosted on the Website. Where this occurs, the OA member may be eligible for independent learning CPD points which will not be automatically recorded. Members will need to manually upload this information into the member portal and calculation of the correct points for attendance at any recorded OA Webcast will be the responsibility of the individual member.
5.0 WEBSITE ADVERTISING
5.1 OA accepts classifieds and digital promotional advertising on the Website (‘Advertising’ or ‘Advertisement’) from organisations wanting to promote products or services (‘Advertisers’).
5.1.1 Advertisers acknowledge and agree that OA has the right not to publish an Advertisement where, in the absolute discretion of OA, the Advertisement:
18.104.22.168 brings us into disrepute;
22.214.171.124 contravenes any laws; or
126.96.36.199 contravenes Clauses 5.1.2 and 5.1.3.
5.1.2 Advertisers acknowledge and agree that they are responsible for the content of their Advertisement and in so doing, that will they will develop their Advertising content in accordance with:
188.8.131.52 the Guidelines for Advertising Regulated Health Services;
184.108.40.206 the Therapeutic Goods Administration Advertising Code;
220.127.116.11 Medicines Australia Code of Conduct Standards;
18.104.22.168 The Pharmaceutical Benefits Schedule Listed Services;
22.214.171.124 the Privacy Act 1988 (Cth) s95B; and
126.96.36.199 all other applicable laws and regulations.
5.1.3 Advertisers agree not to hold OA liable for content used in an Advertisement that is in breach of the applicable laws and guidelines, including but not limited to those listed at clause 5.1.2 above.
5.1.4 Advertisers acknowledge and agree that:
188.8.131.52 OA will not provide a testimonial or an endorsement for a service on behalf of the Advertiser. If in OA’s reasonable opinion, the content of any Advertisement contains a testimonial or endorsement attributed to OA, OA reserves the right to remove this Advertisement from the Website immediately and without notice.
184.108.40.206 OA reserves the right to refuse to publish an Advertisement when, in OA’s reasonable opinion, the Advertisement:
a) does not conform to relevant laws and guidelines;
b) has the potential to damage OA’s reputation or the reputation of the optometry sector;
c) contains illegal, discriminatory, fraudulent, abusive, libelous, sexual, ethnic, racial or other discriminatory information or slurs, or that contains no relevant or constructive content;
d) contains proprietary information, trade secrets, confidential information, solicitations, chain letters, pyramid schemes or unsolicited commercial communication (except as otherwise expressly permitted by us in writing);
e) contains requests for bank account, superannuation, online account, password, health or any other highly confidential personal information;
f) that seeks to promote a cause or group that is not endorsed by the OA Board or aligned with OA’s values. This includes for example, a religion or a political party;
g) contains content that is not relevant to the optometry sector;
h) does not fit the format specified by OA with regard to Advertisements;
i) arrives after the Advertising deadline set by OA (if applicable); or
j) for any other reason not specified above that in OA’s reasonable opinion contravenes these terms and conditions.
5.1.5 OA reserves the right, and at OA’s sole discretion, to refuse to publish an Advertisement in the event that the Advertiser has not paid an OA issued invoice for a period of three months or more from the date of issue.
5.1.6 OA makes no guarantees as to how many Website users will purchase the product or services being advertised by the Advertiser.
5.2 Classifieds Advertising
5.2.1 OA supports classifieds advertising on this Website (‘Classified Listings’).
5.2.2 OA accepts Classified Listings regarding the following subject matter:
220.127.116.11 equipment for sale/lease;
18.104.22.168 partnerships for sale;
22.214.171.124 properties for lease;
126.96.36.199 practice room vacancies;
188.8.131.52 equipment wanted; and
184.108.40.206 miscellaneous items relating to the practice of optometry.
5.2.3 As a User of this Website you may upload a Classified Listing or search for a Classified Listing provided that it falls within one of the categories specified in item 5.2.2 above.
5.2.4 In posting a Classifieds Listing on the Website the Advertiser acknowledge that OA does not:
220.127.116.11 accept any claim to represent, or be a representative of, or an agent of the advertiser;
18.104.22.168 accept any claim to represent, or be a representative of, or an agent of the buyer.
22.214.171.124 endorse or recommend any advertiser;
126.96.36.199 endorse or recommend any buyer; or
188.8.131.52 endorse or recommend the product or service being advertised.
5.3 Classifieds Listing Fees
5.3.1 Classified Listings will attract a fee (‘Classified Listing Fee’). The Classified Listing Fee payable will depend on the Listing chosen. The Listing available and the Classified Listing Fees payable are detailed below:
|Item||Type of Classified|
|Available Listing Packages||Classified Listing Fee
payable (exc. GST)
|1||Current member||Standard||Exempt from paying Listing Fees|
|2||Non-OA members, who are unable|
to provide a current OA
|Standard (see Item 1 above for details)||$55.00|
5.3.2 Classified Listing Fees must be paid using a valid credit card (VISA or Mastercard) before the Classified Listing will be accepted by OA and before the Classified Listing is posted onto the Website.
5.4 Classified Listing content and display
5.4.1 Classified Listings are restricted to a maximum of 100 words. Images, logos or any other graphic element will not be permitted within a Classified Listing. Any Classified Listings containing images, logos or any other graphic elements will not be approved for posting by OA.
5.4.2 Classified Listings are displayed within an inventory of Classified Listings arranged by subject matter. Classified Listings within each subject matter are placed in chronological order reflecting the order when the Classified Listing went live on the Website.
5.4.3 All Classified Listings will remain on the Website for a 30-calendar day period expiring at 11:59pm on the 30th day after the Classified Listing went live on the Website.
5.4.4 OA gives no guarantee as to:
184.108.40.206 the quantity, or quality, of Classified Listings on the Website; or
220.127.116.11 the quantity, or quality, of responses that Classified Listings on the Website may attract.
5.4.5 Advertisers of Classified Listings acknowledge and agree that:
18.104.22.168 the Advertiser is entirely responsible for the content contained within their Classified Listings and that OA will not be held liable for any Classified Listing content that the Advertiser deems is incorrect or missing or for any other reason the Advertiser considers is incorrect or misrepresented and that is contained within a live Classified Listing;
22.214.171.124 OA will use all reasonable endeavours to make a Classified Listing live within two business days of the Classified Advertiser uploading their Classified Listing content and payment, if applicable, has been received by OA. OA reserves the right to review all Classified Listings before making the Classified Listing live, and to correct any grammatical errors contained within the Classified Listing.
5.4.6 Whilst OA uses all reasonable efforts to ensure that Classified Listings advertised on the Website are for actual products and services, OA gives no guarantee that every Classified Listing represents an actual product or service.
5.5 Cancellation or change of a paid Classified Listing
5.5.1 Advertisers acknowledge and agree that they may cancel their Classifieds Listing at any time after the Classified Listing goes Live.
5.5.2 No refund of the Classified Listing Fee (in full or in part) is payable by us in the event that a Classified Listing is cancelled.
5.5.3 Advertisers of Classified Listings acknowledge and agree that they are unable to change their Classified Listing content at any time after the Classified Listing goes Live. For any Classified Listing content changes required post the Classified Listing going Live the Classified Listing will need to be cancelled and a new Classified Listing made. The new Classified Listing will incur any applicable Classified Listing Fees.
5.5.4 OA may, at any time and at our absolute discretion, discontinue the Classified Listings, or part of the Classified Listings. OA will notify by email, all persons who have placed Classified Listings in the 12 months leading up to the decision to discontinue Classified Listings (in its entirety or in part) as well as all current Advertisers with live Classified Listings
5.5.5 In the event that OA:
126.96.36.199 discontinues the Classifieds in its entirety, OA will maintain the Classified Listings on the Website until the expiry of 30-calendar days following the posting of the final Classifieds Listing on the Website (based on the date and time the Classified Listing went live on the Website). OA will take no more Classifieds Listings once it has announced that it is discontinuing the Classified Listings.
188.8.131.52 discontinues part of the Classified Listings, OA will maintain that part of the Classified Listings on the Website it plans to discontinue until the expiry of 30-calendar days following the posting of the final Classified listing impacted by that change (based on the date and time that the Classified Listing went live).
5.6 Promotional advertising
5.6.1 OA accepts advertising from organisations wanting to promote products and services on the Website via digital banners and tiles (‘Digital Adverts’) as well as through content placement if an Advantage Program Partner (see clause 5.8) (‘Promotional Advertisers’).
5.6.2 Promotional Advertisers agree and acknowledge that while OA will take all reasonable endeavours to place the Digital Adverts:
184.108.40.206 within sections of the Website that receive the highest traffic; and
220.127.116.11 within sections of the Website that OA reasonably believes is the most appropriate for the particular product or service being promoted by the Digital Advert,
OA is unable to guarantee placement of a Digital Advert on a particular location or page of the Website.
5.6.3 Promotional Advertisers agree and acknowledge that they are responsible for providing Digital Adverts in the format negotiated between the Promotional Advertiser and OA. In the event that OA receives the Digital Advert in the format not acceptable to OA, OA reserves the right to not commence the promotional campaign until the Digital Advert is provided in a format acceptable to the OA.
5.6.4 All Digital Adverts will remain live on the Website for the period of time negotiated between the Promotional Advertiser and OA (‘Campaign’).
5.6.5 In the event that OA and the Promotional Advertiser have negotiated a set Campaign commencement date and end date and OA has not received (or has not received an acceptable form of the) Digital Advert from the Promotional Advertiser by the Campaign commencement date, OA reserves the right to finish the Campaign on the scheduled end date (without extension of time) and to invoice the Promotional Advertiser the fully negotiated Campaign fee.
5.6.6 Promotional Advertisers acknowledge and agree that:
18.104.22.168 The Promotional Advertiser is entirely responsible for the content contained within their Digital Adverts and that OA will not be held liable for any Digital Advert content that the Promotional Advertiser deems is incorrect or missing or for any other reason the Promotional Advertiser considers is incorrect or misrepresented; and
22.214.171.124 OA will use all reasonable endeavours to make a Digital Advert live on the Website within two business days of the Digital Advert being provided in an acceptable format to OA.
5.6.7 OA reserves the right to review all Digital Adverts before making the Digital Advert live on the Website and to reject any Digital Advert that contravenes clause 5.1.1
5.6.8 OA gives no guarantee as to the quantity, or quality of, responses that a Digital Advert on the Website may attract.
5.6.9 Whilst OA uses all reasonable efforts to ensure that Digital Adverts on the Website are for actual products and services, OA gives no guarantee that every Digital Advert represents an actual product or service.
5.7 Cancellation or change of a Digital Advert
5.7.1 Promotional Advertisers acknowledge and agree that they may cancel their Digital Advert at any time during a Campaign period.
5.7.2 No refund of the Digital Advert Fee (in full or in part) is payable by us in the event that a Digital Advert is cancelled.
5.7.3 Promotional Advertisers of Digital Adverts acknowledge and agree that they are unable to change the Digital Advert content at any time after the Digital Advert goes Live. For any Digital Advert content changes required post the Digital Advert going Live the Digital Advert will need to be cancelled and a new Digital Advert made. The new Digital Advert will incur any applicable Digital Advert Listing Fees quoted to the Promotional Advertiser.
5.7.4 OA may, at any time and at our absolute discretion, discontinue the Digital Adverts on the Website. OA will notify by email all current Promotional Advertisers and all Promotional Advertisers who have placed Digital Adverts on the Website in the 12 months leading up to the decision to discontinue the Digital Adverts. In the event that OA discontinues Digital Adverts on the Website, OA will maintain the Digital Adverts on the Website until the relevant Campaign period has expired. OA will take no more Digital Adverts once it has announced that it is discontinuing Digital Adverts from the Website.
5.8 Advantage Partner content
5.8.1 The Advantage Partner program relates to exclusive deals and discounts on products and services available to members by third party companies with whom OA has negotiated separate agreements (‘Advantage Partner Program’ or ‘Advantage Partners’).
5.8.2 OA will place content in the form of words, images, graphics and videos provided from Advantage Program Partners on the Website only if agreed with the Advantage Partner. (‘Advantage Content’).
5.8.3 Advantage Partners agree and acknowledge that they are responsible for providing their Advantage Content in the format negotiated between the Advantage Partner and OA. In the event that OA receives the Advantage Content in a format not acceptable to OA, OA reserves the right to withhold uploading the Advantage Content from the Website until the Advantage Content is provided in a format acceptable to OA.
5.8.4 All Advantage Content will remain live on the Website for the period of time negotiated between the Advantage Partner and OA (‘Advantage Campaign’).
5.8.5 In the event that OA and the Advantage Partner have negotiated a set Advantage Campaign commencement date and end date and OA has not received (or not received an acceptable form of the) Advantage Content from the Advantage Partner by the Advantage Campaign commencement date, OA reserves the right to finish the Advantage Campaign on the scheduled end date (without extension) and to invoice the Advantage Partner the fully negotiated Advantage Campaign fee.
5.8.6 OA reserves the right to review, amend and rewrite all Advantage Content before making the Advantage Content live on the Website and to reject any Advantage Content that contravenes clause 5.1.1.
5.8.7 OA gives no guarantee as to the quantity, or quality of, responses that Advantage Content on the Website may attract.
5.8.8 OA may, at any time and at our absolute discretion, discontinue the Advantage Partner Program and the placement of Advantage Content on the Website. OA will notify by email all Advantage Partners who have placed Advantage Content in the 12 months leading up to the announcement to discontinue the Advantage Partner Program. In the event that OA discontinues the Advantage Partner Program, OA will maintain Advantage Content on the Website until the relevant Advantage Campaign period has expired. OA will take no more Advantage Content once it has announced that it is discontinuing the Advantage Partner Program.