Terms of service
TERMS AND CONDITIONS
Terms of Service
This Website (“https://optivon.co”) is owned and operated by Alpha Grid Pty Ltd. This document governs your relationship with Alpha Grid Pty Ltd (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. This Website may contain links to other websites (the "Linked Sites"), which are not operated by Alpha Grid Pty Ltd. Alpha Grid Pty Ltd has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Privacy Policy
By using this Website, you consent to the use, collection and processing of personal information as outlined in our Privacy Policy.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Alpha Grid Pty Ltd will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images and video footage) made available to you on or through this Website remains the property of Alpha Grid Pty Ltd or its licensors and are protected by copyright laws and treaties around the world. Alpha Grid Pty Ltd and its licensors reserve all such rights. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, derive, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order or reserving a product (including partial payments or deposits), you are offering to purchase a product on and subject to the following terms and conditions. All purchases are also subject to our Shipping Policy and Refund Policy, which are incorporated into these Terms of Service by reference. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Alpha Grid Pty Ltd, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Alpha Grid Pty Ltd retains the right to refuse any request made by you. If your order or reservation is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order, and that there are sufficient funds to cover the cost of the goods or authorized future payments. The cost of products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract When you place an order or secure a pre-order/reservation, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute final acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods (including a deposit), you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
(c) Payment and Reservations Upon receiving your order, we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfill the transaction (or the initial deposit). Your card will be debited upon authorisation being received. If you are utilizing our partial payment or deposit option (e.g., $1 Reservation), the initial monies received shall be treated as a refundable deposit against the value of the goods. By checking out using a partial payment method, you authorize Alpha Grid Pty Ltd (and its authorized payment partners) to automatically charge the remaining balance to your card on the specified future date prior to dispatch. Once the goods have been despatched, the monies paid shall be used as consideration for the value of goods you have purchased.
Lawful Use and Surveillance Device Compliance
Buyer Responsibility: By purchasing recording binoculars or any optical surveillance device from Alpha Grid Pty Ltd, you acknowledge that the use of such devices is strictly regulated by Commonwealth, State, and Territory laws, including but not limited to the Surveillance Devices Act 2007 (NSW), Privacy Act 1988 (Cth), and equivalent legislation in other Australian jurisdictions.
Lawful Use: You agree that it is your sole responsibility to ensure that your use of the device—including the recording of images, video, or audio—complies with all applicable privacy and surveillance laws. You are prohibited from using the device to record "private activities" or "private conversations" without the express consent of all parties involved, as required by law.
Indemnity: To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Alpha Grid Pty Ltd, its directors, and employees from and against any and all claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or in any way connected with your use, misuse, or illegal operation of the product.
No Legal Advice: Information provided on the OPTIVON website regarding the legality of recording devices is for general informational purposes only and does not constitute legal advice. Alpha Grid Pty Ltd recommends that customers seek independent legal counsel regarding the specific surveillance laws in their state or territory.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Alpha Grid Pty Ltd and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Alpha Grid Pty Ltd's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law (including the Australian Consumer Law).
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Alpha Grid Pty Ltd and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Alpha Grid Pty Ltd.
Indemnity
You agree to indemnify, defend and hold Alpha Grid Pty Ltd harmless, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.
Variation
Alpha Grid Pty Ltd shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected, and remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure, which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments by contacting us through our website contact form or email.
Waiver
Where you breach any terms or conditions within the Terms of Service and no action is taken by Alpha Grid Pty Ltd, this will not constitute a waiver of Alpha Grid Pty Ltd's rights and remedies arising from the Terms of Service.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Alpha Grid Pty Ltd. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Alpha Grid Pty Ltd. The Terms of Services are governed by and shall be construed in accordance with the laws of Victoria, AUSTRALIA.