Terms and Conditions

WEBSITE TERMS AND CONDITIONS OF USEAbout the WebsiteWelcome to kreweyewear.com.au (Website). The Website provides you with anopportunity to browse and purchase various products that have been listed for sale throughthe Website (Products). The Website provides this service by way of granting you accessto the content on the Website (Purchase Services).The Website is operated by KREW EYEWEAR (ACN 676267860). Access to and use ofthe Website, or any of its associated Products or Services, is provided by KREWEYEWEAR . Please read these terms and conditions (Terms) carefully. By using, browsingand/or reading the Website, this signifies that you have read, understood and agree to bebound by the Terms. If you do not agree with the Terms, you must cease usage of theWebsite, or any of Services, immediately.KREW EYEWEAR reserves the right to review and change any of the Terms by updatingthis page at its sole discretion. When KREW EYEWEAR updates the Terms, it will usereasonable endeavours to provide you with notice of updates to the Terms. Any changes tothe Terms take immediate effect from the date of their publication. Before you continue, werecommend you keep a copy of the Terms for your records.Acceptance of the TermsYou accept the Terms by remaining on the Website. You may also accept the Terms by clicking toaccept or agree to the Terms where this option is made available to you by KREW EYEWEAR inthe user interface.Registration to use the Purchase ServicesIn order to access the Purchase Services, you must first register as a user of the Website.As part of the registration process, or as part of your continued use of the PurchaseServices, you may be required to provide personal information about yourself (such asidentification or contact details), including:Email addressMailing addressTelephone numberNameYou warrant that any information you give to KREW EYEWEAR in the course of completingthe registration process will always be accurate, correct and up to date.Once you have completed the registration process, you will be a registered member of theWebsite (Member) and agree to be bound by the Terms. As a Member you will be grantedimmediate access to the Purchase Services.

(d)(a)(b)4.(a)(i)(ii)(iii)(iv)(v)(vi)(vii)(viii)5.(a)(b)You may not use the Purchase Services and may not accept the Terms if:you are not of legal age to form a binding contract with KREW EYEWEAR ; oryou are a person barred from receiving the Purchase Services under the laws ofAustralia or other countries including the country in which you are resident or fromwhich you use the Purchase Services.Your obligations as a MemberAs a Member, you agree to comply with the following: You will use the Purchase Servicesonly for purposes that are permitted by:the Terms;any applicable law, regulation or generally accepted practices or guidelines in therelevant jurisdictions;you have the sole responsibility for protecting the confidentiality of your passwordand/or email address. Use of your password by any other person may result in theimmediate cancellation of the Purchase Services;any use of your registration information by any other person, or third parties, isstrictly prohibited. You agree to immediately notify KREW EYEWEAR of anyunauthorised use of your password or email address or any breach of security ofwhich you have become aware;access and use of the Website is limited, non-transferable and allows for the soleuse of the Website by you for the purposes of KREW EYEWEAR providing thePurchase Services;you will not use the Purchase Services or Website for any illegal and/orunauthorised use which includes collecting email addresses of Members byelectronic or other means for the purpose of sending unsolicited email orunauthorised framing of or linking to the Website;you agree that commercial advertisements, affiliate links, and other forms ofsolicitation may be removed from the Website without notice and may result intermination of the Purchase Services. Appropriate legal action will be taken byKREW EYEWEAR for any illegal or unauthorised use of the Website; andyou acknowledge and agree that any automated use of the Website or its PurchaseServices is prohibited.Purchase of Products and Returns PolicyIn using the Purchase Services to purchase the Product through the Website, you willagree to the payment of the purchase price listed on the Website for the Product(Purchase Price).Payment of the Purchase Price may be made through ____________________ (PaymentGateway Provider). In using the Purchase Services, you warrant that you have

(c)(d)6.(a)(b)(c)(i)(ii)7.(a)(b)(c)familiarised yourself with, and agree to be bound by, the applicable Terms and Conditionsof Use, Privacy Policy and other relevant legal documentation provided by the PaymentGateway Providers.Following payment of the Purchase Price being confirmed by KREW EYEWEAR , you willbe issued with a receipt to confirm that the payment has been received and KREWEYEWEAR may record your purchase details for future use.KREW EYEWEAR may, at their sole discretion, provide a refund on the return of theProducts within 30 days where the Product packaging is unopened and remains in asaleable condition. You acknowledge and agree that you are liable for any postage andshipping costs associated with any refund pursuant to this clause.DeliveryYou acknowledge that the Purchase Services offered by KREW EYEWEAR integratedelivery (Delivery Services) through the use of third party delivery companies (DeliveryService Providers).In providing the Purchase Services, KREW EYEWEAR may provide you with a variety ofdelivery and insurance options offered as part of the Delivery Services by the DeliveryService Providers. You acknowledge and agree that KREW EYEWEAR is not the providerof these delivery and insurance options and merely facilitates your interaction with theDelivery Service Providers in respect to providing the Delivery Services.In the event that an item is lost or damaged in the course of the Delivery Services, KREWEYEWEAR asks that you:contact the Delivery Service Provider directly to request a refund or to claim on anyinsurance options available; andcontact us by sending an email to sales@kreweyewear.com.au outlining in whatway the Products were damaged in transit so we are able to determine if theDelivery Service Provider should be removed from the Purchase Services.WarrantyKREW EYEWEAR 's Products come with guarantees that cannot be excluded under theAustralian Consumer Law. You are entitled to a replacement or refund for a major failure ofthe Product and compensation for any other reasonably foreseeable loss or damage. Youare also entitled to have the Products repaired or replaced if the Products fail to be ofacceptable quality and the failure does not amount to a major failure (Warranty).You may make a claim under this clause (Warranty Claim) for material defects andworkmanship in the Products within 3 from the date of purchase (Warranty Period).In order to make a Warranty Claim during the Warranty Period, you must provide proof ofpurchase to KREW EYEWEAR showing the date of purchase of the Products, provide a

(d)(e)(f)(g)8.(a)(b)(a)(b)(c)(c)description of the Products and the price paid for the Products by sending written notice toKREW EYEWEAR by email at sales@kreweyewear.com.au.Where the Warranty Claim is accepted then KREW EYEWEAR will, at its sole discretion,either repair or replace any defective Products or part thereof with a new orremanufactured equivalent during the Warranty Period at no charge to you for parts orlabour. You acknowledge and agree that you will be solely liable for any postage orshipping costs incurred in facilitating the Warranty Claim.The Warranty shall be the sole and exclusive warranty granted by KREW EYEWEAR andshall be the sole and exclusive remedy available to you in addition to other rights andunder a law in relation to the Products to which this warranty relates.All implied warranties including the warranties of merchantability and fitness for use arelimited to the Warranty Period.The Warranty does not apply to any appearance of the supplied Products nor to theadditional excluded items set forth below nor to any supplied Products where the exterior ofwhich has been damaged or defaced, which has been subjected to misuse, abnormalservice or handling, or which has been altered or modified in design or construction.Copyright and Intellectual PropertyThe Website, the Purchase Services and all of the related products of KREW EYEWEARare subject to copyright. The material on the Website is protected by copyright under thelaws of Australia and through international treaties. Unless otherwise indicated, all rights(including copyright) in the site content and compilation of the website (including text,graphics, logos, button icons, video images, audio clips and software) (Content) areowned or controlled for these purposes, and are reserved by KREW EYEWEAR or itscontributors.KREW EYEWEAR retains all rights, title and interest in and to the Website and all relatedcontent. Nothing you do on or in relation to the Website will transfer to you:the business name, trading name, domain name, trade mark, industrial design,patent, registered design or copyright of KREW EYEWEAR ; orthe right to use or exploit a business name, trading name, domain name, trade markor industrial design; ora system or process that is the subject of a patent, registered design or copyright(or an adaptation or modification of such a system or process).You may not, without the prior written permission of KREW EYEWEAR and the permissionof any other relevant rights owners: broadcast, republish, up-load to a third party, transmit,post, distribute, show or play in public, adapt or change in any way the Content or thirdparty content for any purpose. This prohibition does not extend to materials on theWebsite, which are freely available for re-use or are in the public domain.

9.10.(a)(b)(c)(d)(i)(ii)(e)(i)PrivacyKREW EYEWEAR takes your privacy seriously and any information provided through your use ofthe Website and/or the Purchase Services are subject to KREW EYEWEAR 's Privacy Policy,which is available on the Website.General DisclaimerYou acknowledge that KREW EYEWEAR does not make any terms, guarantees,warranties, representations or conditions whatsoever regarding the Products other thanprovided for pursuant to these Terms.KREW EYEWEAR will make every effort to ensure a Product is accurately depicted on theWebsite, however, you acknowledge that sizes, colours and packaging may differ fromwhat is displayed on the Website.Nothing in these Terms limits or excludes any guarantees, warranties, representations orconditions implied or imposed by law, including the Australian Consumer Law (or anyliability under them) which by law may not be limited or excluded.Subject to this clause, and to the extent permitted by law:all terms, guarantees, warranties, representations or conditions which are notexpressly stated in these Terms are excluded; andKREW EYEWEAR will not be liable for any special, indirect or consequential loss ordamage (unless such loss or damage is reasonably foreseeable resulting from ourfailure to meet an applicable Consumer Guarantee), loss of profit or opportunity, ordamage to goodwill arising out of or in connection with the Purchase Services orthese Terms (including as a result of not being able to use the Purchase Services orthe late supply of the Purchase Services), whether at common law, under contract,tort (including negligence), in equity, pursuant to statute or otherwise.Use of the Website, the Purchase Services, and any of the products of KREW EYEWEAR(including the Delivery Services), is at your own risk. Everything on the Website, thePurchase Services, and the Products of KREW EYEWEAR , are provided to you on an "asis" and "as available" basis, without warranty or condition of any kind. None of the affiliates,directors, officers, employees, agents, contributors, third party content providers orlicensors of KREW EYEWEAR including any third party where the Delivery Services aremade available to you) make any express or implied representation or warranty about itsContent or any products or Purchase Services (including the products or PurchaseServices of KREW EYEWEAR ) referred to on the Website. This includes (but is notrestricted to) loss or damage you might suffer as a result of any of the following:failure of performance, error, omission, interruption, deletion, defect, failure tocorrect defects, delay in operation or transmission, computer virus or other harmful

(ii)(iii)(iv)(v)(vi)11.(a)(b)(c)(d)12.component, loss of data, communication line failure, unlawful third party conduct, ortheft, destruction, alteration or unauthorised access to records;the accuracy, suitability or currency of any information on the Website, thePurchase Service, or any of its Content related products (including third partymaterial and advertisements on the Website);costs incurred as a result of you using the Website, the Purchase Services or any ofthe Products;the Content or operation in respect to links which are provided for the User'sconvenience;any failure to complete a transaction, or any loss arising from e-commercetransacted on the Website; orany defamatory, threatening, offensive or unlawful conduct of third parties orpublication of any materials relating to or constituting such conduct.Limitation of LiabilityKREW EYEWEAR 's total liability arising out of or in connection with the PurchaseServices or these Terms, however arising, including under contract, tort (includingnegligence), in equity, under statute or otherwise, will not exceed the most recent PurchasePrice paid by you under these Terms or where you have not paid the Purchase Price, thenthe total liability of KREW EYEWEAR is the resupply of information or Purchase Servicesto you.You expressly understand and agree that KREW EYEWEAR , its affiliates, employees,agents, contributors, third party content providers and licensors shall not be liable to you forany direct, indirect, incidental, special consequential or exemplary damages which may beincurred by you, however caused and under any theory of liability. This shall include, but isnot limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwillor business reputation and any other intangible loss.KREW EYEWEAR is not responsible or liable in any manner for any site content (includingthe Content and Third Party Content) posted on the Website or in connection with thePurchase Services, whether posted or caused by users of the website of KREWEYEWEAR , by third parties or by any of the Purchase Services offered by KREWEYEWEAR .You acknowledge that KREW EYEWEAR does not provide the Delivery Services to youand you agree that KREW EYEWEAR will not be liable to you for any special, indirect orconsequential loss or damage, loss of profit or opportunity, or damage to goodwill arisingout of or in connection with the Delivery Services.Termination of Contract

(a)(b)(i)(ii)(c)(d)(i)(ii)(iii)(iv)(v)(e)(f)13.(a)(i)(ii)The Terms will continue to apply until terminated by either you or by KREW EYEWEAR asset out below.If you want to terminate the Terms, you may do so by:notifying KREW EYEWEAR at any time; andclosing your accounts for all of the Purchase Services which you use, where KREWEYEWEAR has made this option available to you.Your notice should be sent, in writing, to KREW EYEWEAR via the 'Contact Us' link on ourhomepage.KREW EYEWEAR may at any time, terminate the Terms with you if:you have breached any provision of the Terms or intend to breach any provision;KREW EYEWEAR is required to do so by law;the partner with whom KREW EYEWEAR offered the Purchase Services to you hasterminated its relationship with KREW EYEWEAR or ceased to offer the PurchaseServices to you;KREW EYEWEAR is transitioning to no longer providing the Purchase Services toUsers in the country in which you are resident or from which you use the service; orthe provision of the Purchase Services to you by KREW EYEWEAR is, in theopinion of KREW EYEWEAR , no longer commercially viable.Subject to local applicable laws, KREW EYEWEAR reserves the right to discontinue orcancel your membership to the Website at any time and may suspend or deny, in its solediscretion, your access to all or any portion of the Website or the Purchase Serviceswithout notice if you breach any provision of the Terms or any applicable law or if yourconduct impacts KREW EYEWEAR 's name or reputation or violates the rights of those ofanother party.When the Terms come to an end, all of the legal rights, obligations and liabilities that youand KREW EYEWEAR have benefited from, been subject to (or which have accrued overtime whilst the Terms have been in force) or which are expressed to continue indefinitely,shall be unaffected by this cessation, and the provisions of this clause shall continue toapply to such rights, obligations and liabilities indefinitely.IndemnityYou agree to indemnify KREW EYEWEAR , its affiliates, employees, agents, contributors,third party content providers and licensors from and against:all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage(including legal fees on a full indemnity basis) incurred, suffered or arising out of orin connection with any Content you post through the Website;any direct or indirect consequences of you accessing, using or transacting on theWebsite or attempts to do so and any breach by you or your agents of these Terms;

(iii)14.14.1.14.2.14.3.(i)(ii)(iii)(iv)14.4.14.5.and/orany breach of the Terms.Dispute ResolutionCompulsoryIf a dispute arises out of or relates to the Terms, either party may not commence anyTribunal or Court proceedings in relation to the dispute, unless the following clauses havebeen complied with (except where urgent interlocutory relief is sought).NoticeA party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must givewritten notice to the other party detailing the nature of the dispute, the desired outcomeand the action required to settle the Dispute.ResolutionOn receipt of that notice (Notice) by that other party, the parties to the Terms (Parties)must:Within 28 days of the Notice endeavour in good faith to resolve the Disputeexpeditiously by negotiation or such other means upon which they may mutuallyagree;If for any reason whatsoever, 28 days after the date of the Notice, the Dispute hasnot been resolved, the Parties must either agree upon selection of a mediator orrequest that an appropriate mediator be appointed by the President of theAustralian Mediation Association or his or her nominee;The Parties are equally liable for the fees and reasonable expenses of a mediatorand the cost of the venue of the mediation and without limiting the foregoingundertake to pay any amounts requested by the mediator as a pre-condition to themediation commencing. The Parties must each pay their own costs associated withthe mediation;The mediation will be held in Sydney, Australia.ConfidentialAll communications concerning negotiations made by the Parties arising out of and inconnection with this dispute resolution clause are confidential and to the extent possible,must be treated as "without prejudice" negotiations for the purpose of applicable laws ofevidence.Termination of MediationIf 2 months have elapsed after the start of a mediation of the Dispute and the Dispute hasnot been resolved, either Party may ask the mediator to terminate the mediation and the

15.16.17.mediator must do so.Venue and JurisdictionThe Purchase Services offered by KREW EYEWEAR are intended to be used by residents ofAustralia. In the event of any dispute arising out of or in relation to the Website, you agree thatthe exclusive venue for resolving any dispute shall be in the courts of New South Wales,Australia.Governing LawThe Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy,proceeding or claim of whatever nature arising out of or in any way relating to the Terms and therights created hereby shall be governed, interpreted and construed by, under and pursuant to thelaws of New South Wales Australia, without reference to conflict of law principles, notwithstandingmandatory rules. The validity of this governing law clause is not contested. The Terms shall bebinding to the benefit of the parties hereto and their successors and assigns.SeveranceIf any part of these Terms is found to be void or unenforceable by a Court of competentjurisdiction, that part shall be severed and the rest of the Terms shall remain in force