Terms of Service

Thank you for visiting Refocus Marketing, a niche marketing agency for the independent optometry sector in Australia.

Our Terms of Service is an important aspect of our overall online marketing activities. It will help you understand how we operate and how we transact with our target customers –independent optometrists. It also contains vital information about your legal rights, and obligations as a Customer or as a User. Please read the contents of this page carefully.

These Terms of Service set forth the terms on which We will provide access to, and use of, the Website and other Services (as both defined below) to you, a Customer or as a User of our Services (“You” or “Your”). By agreeing to these Terms of Service, or by otherwise accessing or using http://www.refocusmarketing.com.au (the “Website”) or any other linked pages, landing pages, features, content, or application services offered from time to time by Refocus Marketing on or through the Website (“Services”), You acknowledge, and agree to be bound by, these Terms of Service and Our Privacy Policy located at Privacy Policy (collectively, the “Refocus Marketing Terms of Service”).

These Terms of Service were last updated on September 20, 2018.

The website and these Terms of Services shall be governed by and construed in accordance with the laws of the State of New South Wales.

1. Scope of Services

1. Refocus Marketing is a niche marketing agency providing a wide range of marketing and sales support services to independent optometrists in Australia (“Practices” or “Optometrists”).
2. We function the same way that any marketing agency would but is specifically servicing the independent optometry sector only.
3. We have an active business development team who interacts with customers online and offline through meetings, phone calls, events, etc.
4. Refocus Marketing is not a medical nor a health and wellness company. We do not provide any service, medication, and equipment to patients seeking medical, health, nor wellness products or services. Patients are not our target market. Patients should get in touch with a Practice fortheir eye care needs.
5. We do not provide referrals nor recommendations to Patients on which Practice to visit.
6. Refocus Marketing is not involved in any transactions between Patients and Practices.
7. Hence, we will not be part of any disputes that might arise between a Patient and a Practice.
8. We help Optometrists promote their practice but Refocus Marketing has no control over and
   does not guarantee the following:
   1. the existence, quality, safety, suitability, or legality of any products or services that they share to you and inform the public about;
   2. the truth or accuracy of any product or service descriptions, Ratings, Reviews, or other content advertised online (as defined below); or
   3. the performance or conduct of their practice.

   Hence, Patients are advised to be cautious and exercise due diligence when booking an appointment with any of these practices nor when availing any of their products and services from their optical store.

9. Refocus Marketing is in no way involved in the operations and management of any of our Customers’ practice.
10. Due to the nature of the Internet, Refocus Marketing cannot guarantee the continuous and uninterrupted availability and accessibility of our website. We will be performing website maintenance work from time to time and we may restrict the availability of the entire website or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the platform. We may improve, enhance and modify the website and introduce new services or features from time to time. Notifications will be published across different communication channels prior to implementing service interruptions due to website maintenance work.

2. Use of the Directory Website, Eligibility, and Verification of Practice

1. A Customer or a User of our website must be at least 18 years old to be able to use the website to access its features and forms. By accessing the Refocus Marketing website, you represent and warrant that you are 18 or older and have the legal capacity and authority to transact online.
2. The website is to be used for lawful purposes. Refocus Marketing prohibits access to the directory website to:
   1. steal information;
   2. violate the rights of others;
   3. abuse, harm, or exploit children; and
3. We may limit or block a Customer’s use and access of the website or any features of it if found to have committed the aforementioned.
4. Users will comply with applicable laws within their state including those related but not limited to online use, privacy and safety, electronic communications, fraud and abuse, cyber intelligence, and child protection and safety.
5. Computer viruses, computer or device malfunction, or any other issues resulting from accessing files or content from the website is outside our control. While we secure that the entire platform is safe and protected from any malicious files and content, we cannot guarantee the change in the characteristics of files during transmission. Upload and download information at your own risk.

3. Content

1. Refocus Marketing does not endorse any Practice. Any Practice tagged as “Featured”, or whose testimonial on our services, or mentioned in any of our blogs does not mean that we recommend their practice.
2. To promote Refocus Marketing, links to our website, our blogs, and other content may be displayed on other websites, in applications, within emails, and in online and offline
   advertisements.
3. Our website and other promotional materials especially blogs and news articles, may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. We are not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Eyecare Assist of such Third-Party Services.
4. Customers who provided their authorisation to use their content, business name, and other information means you are granting Refocus Marketing a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such content to provide and/or promote Refocus Marketing, in any media or platform. However, you maintain ownership over such content and will not be restricted by us to use it for other promotional purposes.

4. Fees and Payments

1. Fees and Payments are always based on the custom services that we provide to each of our customers.

5. Indemnification

You agree to release, indemnify, and hold Refocus Marketing and its employees, management, and directors from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

1. your breach of our Terms of Services;
2. your improper use of the Refocus Marketing website;
3. your improper observance of website, promo mechanics, and other activity regulations; or
4. your interactions including transactions and communications with another user of the website.

6. Contact Information

We may modify or update our Terms of Service at any time without any prior notice. All changes will be communicated accordingly.

If you have any questions, complaints, or claims with respect to Refocus Marketing’s services, you may contact us through Contact Us or email us directly at hello@refocusmarketing.com.au. Please expect a response from us in 1 to 3 business days.