Terms and Conditions

Last Updated: 29 March 2022

MyACUVUE^® (AUS) rewards program, including collecting and using points, is applicable at participating optical practices in Australia. A list of participating retailers is available on the MyACUVUE^® app or by contacting the MyACUVUE^® Support Team on 1800 943 463 between the hours of Monday to Friday 10am – 6pm Australian Eastern Standard Time or email [email protected]. Point accumulation rates and format or reward may vary depending on your transaction. Please review the terms below for more and contact the MyACUVUE^® Support Team with any questions.

TERMS OF REWARDS

Terms of Rewards are subject to the Terms of Service below, collectively referred to as “Terms”.

Please ensure you review all Terms in full before proceeding to use MyACUVUE.

A. GENERAL TERMS OF REWARDS

1. To earn rewards you must select an optical practice through which you will purchase ACUVUE^® contact lenses (Optical Practice).

2. Points and the type of reward you may receive through the use of MyACUVUE^® accumulate at different rates depending on your method of purchase and the version of MyACUVUE adopted by your selected Optical Practice.

3. Information on points earned and the type of rewards available to you, based on your method of purchase, are set out in sections B, C and D of the Terms of Rewards below.

4. You may accumulate points up to a maximum of 55,000 points in a single transaction and a maximum of 75,000 points per calendar quarter defined as every three months. You can redeem up to a maximum of 300,000 points per calendar year.

5. Except as where otherwise stated in these Terms, any unused MyACUVUE^® points will expire 12 months from date of point issuance. Points that expire in the next calendar month will be clearly displayed in the Rewards section of MyACUVUE^®. If you allow notifications for the MyACUVUE^® App, you will receive a push notification regarding the upcoming expiry of any points. Alternatively, you can call the MyACUVUE^® Support Team on 1800 943 463 between the hours of Monday – Saturday 10am – 6pm Australian Eastern Standard Time or email [email protected] to find out about expiry.

6. From time to time, you may receive bonus rewards. This includes the Welcome Reward you receive upon sign-up. The expiration of these rewards may be different and will be clearly stated, as well as the qualifying criteria for you to redeem the reward.

7. Rewards cannot be transferred or redeemed as cash. Any unused portions of these rewards will be forfeited.

8. Points earned can be used to redeem either a discount or lifestyle reward (for in store purchases scanned by your optical practice and home delivery) or a Prezee gift card or lifestyle reward (for instore purchases self scanned at home by you). Prezzee gift cards are offered in lieu of a discount for in store purchases scanned at home by you. Minimum purchase criteria apply for the redemption of discounts and Prezzee gift card. No Minimum purchase criteria applies to lifestyle rewards.

B. IN-PRACTICE PURCHASES SCANNED DIRECTLY BY OPTICAL PRACTICE

1. This section B applies where your purchases of ACUVUE^® products are made physically in store at your selected Optical Practice and where your Optical Practice scans your purchases into the MyAcuvue App on your behalf.

2. Subject to clause A iii. of the Terms of Rewards, points are awarded as follows:

MyACUVUE^® Points Table
FOR IN-PRACTICE PURCHASES ONLY

3. Choice of Reward
You have a choice to redeem your points for ACUVUE^® Rewards or Lifestyle Rewards. Terms and conditions vary as specified below.

4. ACUVUE^® Rewards
You may redeem points for rewards that entitle you a discount on your next purchase of ACUVUE^® contact lenses from your selected optical practice. A minimum purchase of two boxes of ACUVUE^® contact lenses applies.
ACUVUE^® Rewards cannot be transferred or redeemed as cash and can only be redeemed at your selected Optical Practice the optical practice you have registered with MyACUVUE^®. You can change your selected Optical Practice by contacting MyACUVUE Support via email at [email protected] or phone 1800 943 463 Monday to Saturday 10am – 6pm Australian Eastern Standard Time.
Once redeemed, you will have 60 days from the date of redemption to use this with your optical practice.
ACUVUE Rewards cannot be combined with other rewards, promotions or offers delivered through MyACUVUE^® unless otherwise stated.

5. Lifestyle Rewards
You may redeem points for a retail gift card entitling you to a monetary discount from selected retailers. Some gift cards may not be available to all members at all times or in some locations. Company reserves the right to change or modify the Lifestyle Rewards available for redemption from time to time and without notice to you.
Note that all Lifestyle Rewards are subject to the applicable retailer’s terms and conditions and their expiration date, where applicable, will be stated upon receipt of your Lifestyle Reward.
All Lifestyle Rewards are delivered by email upon redemption.

6. Birthday Reward
On the first day of your birthday month, you will automatically receive a reward entitling you to receive 50% more points than usual. This reward requires a minimum purchase of 2 boxes of ACUVUE contact lenses and expires at the end of your birthday month. The exact expiry date can be viewed in your Rewards Wallet.

7. Refer a Friend Reward
MyACUVUE^® rewards you for successfully referring your friends to the app. You must follow the instructions within MyACUVUE^®.
After your friend has signed-up and made a purchase through MyACUVUE^® at their selected Optical Store, you will receive a $30 ACUVUE Reward entitling you to $30 off your next ACUVUE contact lens purchase of minimum 4 boxes from your Optometrist. Reward expires 60 days from receipt. The expiry date can be viewed in your Rewards Wallet.
You are limited to a maximum of five referrals within a 12 month calendar period.

8. Welcome Reward
All new members will receive a $30 Welcome Reward in the form of an ACUVUE REWARD, on the terms set out in B iv. above. After you select your Optical Practice, your $30 Welcome Reward will be automatically sent to you in the app.

C. IN-PRACTICE PURCHASES SCANNED AT HOME BY USER (SELF SCAN)

1. Some, but not all, optical practices offer a ‘scan at home’ functionality. That is, the boxes of ACUVUE^® contact lenses you purchase in store must be scanned you at home in order to earn points. If your selected Optical Practice offers a ‘scan at home’ functionality you will be able to see “Scan your latest purchase” on the MyACUVUE home screen.

2. Subject to clause A iii. of the Terms of the Rewards, points are awarded as follows:

MyACUVUE^® Points Table
FOR IN-PRACTICE PURCHASES ONLY

3. Scanning your purchase of ACUVUE^® contact lenses at home
Only purchases made personally by you through your selected Optical Practice on a scan at home basis can be scanned by you in MyACUVUE^®. You can change your selected optical practice by contacting MyACUVUE Support via email at [email protected] or phone 1800 943 463 Monday to Saturday 10am – 6pm Australian Eastern Standard Time.
Where a product has previously been scanned or was purchased from a practice or retailer other than your selected Optical Practice, an error message will appear and the ACUVUE^® contact lenses will not scan.
If you believe an error has been made, or if you wish to change your selected Optical Practice please contact MyACUVUE^® Support via email at [email protected] with the mobile number you used to register in MyACUVUE^®, a copy of your tax invoice, and a picture of the barcode you tried to scan.
The MyACUVUE^® Support Team will review each claim on a case-by-case basis and hold all discretion in deciding whether to award you with points on your purchase.
If fraudulent activity is suspected, we reserve the right to cancel your MyACUVUE^® membership including the forfeiture of all points and rewards at the time of cancellation. You may seek a review of this decision by contacting MyACUVUE^® Support at [email protected] where it will be reviewed by Johnson & Johnson Vision Care (Australia) Pty Ltd.,  which operates the MyACUVUE^® mobile application.

4. Choice of Reward
You have a choice to redeem your points for ACUVUE^® Rewards or Lifestyle Rewards. Terms and conditions vary as specified below.

5. ACUVUE^® Rewards
The Scan at Home version of the app does not allow for a discount at your selected Optical Practice, instead, ACUVUE^® Rewards take the form of a Prezzee gift voucher. These rewards require you to make a minimum purchase of 2 boxes of ACUVUE contact lenses within 60 days of redeeming your points. The expiry date can be viewed in your Rewards Wallet.
Gift cards are provided by Prezzee Pty Ltd as a Prezzee Smart eGift Card where you can exchange it for a gift card at a retailer of your choice via Prezzee. Retailers participating in the Prezzee Smart eGift Card program are subject to change without notice to you. Decisions are made independent of the Company.
ACUVUE^® Rewards for scan at home is subject to Prezzee’s eGift Card Terms of Service which may be viewed here: https://www.prezzee.com.au/doc/terms-of-service/Open link in new window. Company does not have any affiliation with Prezzee Pty Ltd, nor any of the third party retailers with whom you can exchange your reward for.
Please review all applicable retailers’ terms and conditions via the Prezzee redemption page before redeeming any Gift Card with your ACUVUE^® Rewards.

6. Lifestyle Rewards
You may redeem points for a retail gift cards entitling you to a monetary discount from selected retailers. Some gift cards may not be available to all members at all times or in some locations. Company reserves the right to change or modify the Lifestyle Rewards available for redemption from time to time and without notice to you.
Note that all Lifestyle Rewards are subject to the applicable retailer’s terms and conditions and their expiration date, where applicable, will be stated upon receipt of your Lifestyle Reward.
All Lifestyle Rewards are delivered by email upon redemption.

7. Birthday Reward
On the first day of your birthday month, you will automatically receive a reward entitling you to receive 50% more points than usual. This reward requires a minimum purchase of 2 boxes of ACUVUE contact lenses and expires at the end of your birthday month. The exact expiry date can be viewed in your Rewards Wallet.

8. Refer a Friend Reward
MyACUVUE^® rewards you for successfully referring your friends to the app. You must follow the instructions within MyACUVUE^®.
After your friend has signed-up and made a purchase through MyACUVUE^® at their selected Optical Store, you will receive a $30 Gift Card Reward entitling you to a $30 Prezzee gift voucher. This reward requires you to make a purchase of minimum 4 boxes of ACUVUE contact lenses within 60 days of receipt. The expiry date can be viewed in your Rewards Wallet.
You are limited to a maximum of five referrals within a 12 month calendar period.
Gift cards are provided by Prezzee Pty Ltd as a Prezzee Smart eGift Card where you can exchange it for a gift card at a retailer of your choice via Prezzee. Retailers participating in the Prezzee Smart eGift Card program are subject to change without notice to you. Decisions are made independent of the Company.
ACUVUE^® Rewards for scan at home is subject to Prezzee’s eGift Card Terms of Service which may be viewed here: https://www.prezzee.com.au/doc/terms-of-service/Open link in new window. Company does not have any affiliation with Prezzee Pty Ltd, nor any of the third party retailers with whom you can exchange your reward for.

9. Welcome Reward
All new members will receive a $30 Welcome Reward in the form of an ACUVUE REWARD, on the terms set out in C v. above. After you select your Optical Practice, your $30 Welcome Reward will be automatically sent to you in the app.

D. HOME DELIVERY TRANSACTIONS

1. Some, but not all, optical practices that use MyACUVUE also offer Home Delivery. If your optical practice offers Home Delivery you will be able to see the “Start your order now” button on the MyACUVUE^® home screen. Home Delivery means that MyACUVUE^® Members may order products directly from a participating optical practice, with payment madE directly by the MyACUVUE^® Member to that participating optical practice.

2. Supply of products occurs between the MyACUVUE^® Member and the relevant participating optical practice. J&J will issue tax invoices in the name of the relevant participating optical practice to the MyACUVUE^® Member on behalf of the relevant participating optical practice.

3. Subject to clause A iii of the Terms of Rewards, points for home delivery transactions are , awarded 10 points per AUD$1 spent on ACUVUE contact lenses on the App. To avoid doubt, the points table in B ii and C ii of the Terms of Rewards do not apply.

4. Choice of Reward
You have a choice to redeem your points for ACUVUE^® Rewards or Lifestyle Rewards. Terms and conditions vary as specified below.

5. ACUVUE^® Rewards
You may redeem points for rewards that entitle you a discount on your next purchase of ACUVUE^® contact lenses from your selected optical practice. A minimum purchase of 2 boxes applies.
ACUVUE^® Rewards cannot be transferred or redeemed as cash and can only be redeemed with the optical practice you have registered with MyACUVUE^®. You can change your selected optical practice by contacting MyACUVUE Support via email at [email protected] or phone 1800 943 463 Monday to Saturday 10am – 6pm Australian Eastern Standard Time.
Once redeemed, you will have 60 days from the date of redemption to use this with your optical practice.
ACUVUE Rewards cannot be combined with other rewards, promotions or offers delivered through MyACUVUE^® unless otherwise stated.

6. Lifestyle Rewards
You may redeem points for a retail gift cards entitling you to a monetary discount from selected retailers. Some gift cards may not be available to all members at all times or in some locations. Company reserves the right to change or modify the Lifestyle Rewards available for redemption from time to time and without notice to you.
Note that all Lifestyle Rewards are subject to the applicable retailer’s terms and conditions and their expiration date, where applicable, will be stated upon receipt of your Lifestyle Reward.
All Lifestyle Rewards are delivered by email upon redemption.

7. Birthday Reward
On the first day of your birthday month, you will automatically receive a reward entitling you to receive 50% more points than usual. This reward requires a minimum purchase of 2 boxes of ACUVUE contact lenses and expires at the end of your birthday month. The exact expiry date can be viewed in your Rewards Wallet.

8. Refer a Friend Reward
MyACUVUE^® rewards you for successfully referring your friends to the app. You must follow the instructions within MyACUVUE^®.
After your friend has signed-up and made a purchase through MyACUVUE^® at their selected optical store, you will receive a reward entitling you to a $30 ACUVUE Reward redeemable with your next purchase of any 4 boxes of ACUVUE^® contact lenses. $30 off your next ACUVUE contact lens purchase of minimum 4 boxes from your Optometrist. Reward expires 60 days upon delivery of the reward to your account. The expiry date can be viewed in your Rewards Wallet.
You are limited to a maximum of five referrals within a 12 month calendar period.

9. Welcome Reward
All new members will receive a $30 Welcome Reward in the form of an ACUVUE REWARD, on the terms set out in D v. above. . After you select your Optical Practice, your $30 Welcome Reward will be automatically sent to you in the app.

TERMS OF SERVICE

Please read these Terms of Service (the “Agreement”) carefully. By clicking or tapping “OK” or “Agree” (or a similar term) in connection with this Agreement, or by using the Services (as defined below), you agree to this Agreement. We recommend that you print a copy of this Agreement for future reference. We retain the right to make changes, as outlined below.

This Agreement is between you and Johnson & Johnson Pacific Pty Ltd, doing business as Johnson & Johnson Vision Care (“Company” or “we” or “us” or “our”) concerning your use of the MyAcuvue website located at www.acuvue.com.au/myacuvue in connection with which you are accessing this Agreement (the “Website”) (collectively, the “Services”).

If you are not willing to accept the terms and conditions in the Agreement, we ask that you not access or use the Services or post or submit any materials on it or order any items from it. Please review our Privacy Policy located at https://www.acuvue.com.au/privacy-policy for details about what information we collect and how we use it.

THIS SITE IS INTENDED FOR AND DIRECTED TO RESIDENTS OF AUSTRALIA. YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU ARE THIRTEEN (13) YEARS OR OLDER AND HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT. IF YOU ARE USING THE SERVICES ON BEHALF OF, OR FOR THE BENEFIT OF, ANY ORGANIZATION WITH WHICH YOU ARE ASSOCIATED, THEN YOU AGREE TO THE TERMS OF THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU CONFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. References to “you” and “your” in this Agreement will refer to both you and any such organization.

1. Our Right to Make Changes. We may change this Agreement from time to time (for any reason, such as changes in the functions or services offered by this Site or to reflect a change in the law) by notifying you of such changes by any reasonable means and by making available a revised Agreement through the Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes or otherwise notified you of such changes. Your clicking or tapping “OK” or “Agree” (or a similar term) in connection with this Agreement or your continued use of the Services following any changes will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed.

To the extent permitted by applicable law, we may, at any time and without liability, modify or discontinue all or part of the Services (e.g., to reflect changes in the relevant laws, to protect the security of the Services or to implement reasonable technical adjustments and improvements, to modify the services and functions provided by the Site); charge, modify or waive any fees required to use the Services where reasonably necessary; or offer opportunities to some or all users, at our sole discretion. We will seek to notify you by reasonable means of (i) any modifications that will have a material adverse effect on your use of the Services, taken as a whole; and (ii) any material increase in the fees charged by us to use the Services.

2. Information Disclaimer

THE INFORMATION INCLUDING ANY ADVICE AND RECOMMENDATIONS PROVIDED AS PART OF THE SERVICES IS INTENDED SOLELY FOR EDUCATIONAL AND INFORMATIONAL PURPOSES. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, OR FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE SERVICES IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, OR OTHER MATERIAL PROVIDED AS PART OF THE SERVICES. WHILE WE STRIVE TO KEEP THE INFORMATION PROVIDED BY THE SERVICES ACCURATE, COMPLETE, AND UP-TO-DATE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DO NOT GIVE ANY ASSURANCES, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION PROVIDED AS PART OF THE SERVICES.

3. Information Submitted Through the Services. Your submission of information through the Services is governed by our Privacy Policy, located at https://www.acuvue.com.au/privacy-policy, including our Cookie Policy, located at https://www.acuvue.com.au/privacy-policy.

4. Jurisdictional Issues. The Services may not be appropriate or available for use in some jurisdictions. Any use of the Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the availability of the Services at any time, in whole or in part, to any person or geographic area that we choose, in our sole discretion, for valid reasons (e.g., to comply with relevant laws and regulatory requirements, to protect the security of the Services or to implement reasonable technical adjustments).

5. Acceptable Use and Rules of Conduct. You must not:

• Post, transmit or otherwise make available through or in connection with the Services any materials that are or may be: (a) threatening, harassing, degrading, hateful, intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous or fraudulent; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.

• Post, transmit or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is, or is potentially, harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).

• Use the Services for any commercial purpose, including use for your commercial purposes or any commercial purposes that will benefit you in any way.

• Use the Services for any purpose that is fraudulent or otherwise unlawful.

• Collect information about users of the Services in any way, including through reverse engineering.

• Interfere with the operation of the Services or the servers or networks used to make the Services available, including by hacking or defacing any portion of the Services, or violate any requirement or policy of such servers or networks.

• Restrict or inhibit any other person from using the Services.

• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Services except as expressly authorized under this Agreement, without our express prior written consent.

• Reverse engineer, decompile or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law.

• Remove any copyright, trademark or other proprietary rights notice from the Services.

• Incorporate any portion of the Services into any product or service, without our express prior written consent.

• Systematically download and store Services content.

• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the root directory of the Services, we grant to the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice.

You are responsible for obtaining, maintaining and paying for all hardware, telecommunications and other services needed for you to use the Services.

6. Products. The Services may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. We attempt to describe the items available on the Services as accurately as possible and to depict the most up-to-date product packaging available. To the maximum extent permitted by law, we make no warranties or representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein) or that product packaging depicted will match the actual Product that you receive. Such information and the availability of any Product are subject to change at any time without notice. If a Product is not as described when you receive it or the packaging depicted on the Services does not match the Product you receive, your sole remedy (other than those provided to you at law which cannot be contracted out of) is to return the Product to us in unused and undamaged condition in accordance with our Returns Policy, which is listed on the Services under Customer Service.

7. Electronic Communications. The information communicated as part of the Services may constitute an electronic communication. When you communicate with us through the Services or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically, and consent to the receipt of electronic commercial messages for the purposes of Anti-Spam laws. You agree that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

8. Registration. You may need to register to use the Services. We may reject, or require that you change, any user name, password or other information that you provide. Your user name and password are for your personal use only. You are solely responsible for maintaining the confidentiality of your credentials and for restricting access to your mobile device, computer, and/or other means of accessing the Services. We are not responsible for any use of your credentials caused by your failure to keep them confidential. You are solely responsible for all activities that occur under your account, either with or without your knowledge. You must promptly notify us of any unauthorized use of your credentials or account of which you become aware. We recommend that, to the extent you access the Services via a mobile device, you password protect said device.

You agree that any information you provide to us will be current, accurate and complete and that you will keep such information up to date by notifying us of any changes.

We reserve the right to terminate any account at any time in our sole discretion, including without limitation for any failure to comply with these Terms of Use, any fraud or abuse, or any misrepresentation that you or anyone using your account may make to us.

To facilitate your use of the Website, we will collect, use, store and disclose certain information (“Personal Information”) including your name, date of birth, gender, email address and postal address. We collect certain information such as your date of birth and gender to enable us to deliver a personalised experience that is tailored and relevant to you. We also collect your contact lens prescription which can be shared with your optometrist, your preferred optical practice and its related stores, partner stores and/or franchises. For example, the Website will update with content that is relevant to your age and gender, and we deliver a birthday reward during your birthday month. We do this to ensure your experience is personalised to you.

We will also collect information provided by you, including your reviews or surveys and transaction details in our participating practices as identified in this application. The Personal Information is collected in order to enable Company and its authorised third-party service providers and business partners to

[a] create and maintain your MyACUVUE^® account with the Company,

[b] conduct marketing and consumer research and data analyses relating to MyACUVUE^®, contact lenses and eye health,

[c] send you marketing communications on MyACUVUE^®,

[d] manage the MyACUVUE^® members’ reward program, including redemption of rewards points, under the MyACUVUE^® Australia Loyalty Program (“Program”),

[e] provide you with Program-related and administrative services, including home delivery of contact lenses that you purchase from your optometrist through MyACUVUE^®,

[f] better understand and improve ACUVUE^® customer service experience in order to serve customers,

[g] otherwise for a purpose described in the J&J Privacy Policy which can be accessed at https://www.acuvue.com.au/privacy-policy.

We will store, use and disclose your personal information in accordance with our Privacy Policy. You may withdraw your consent at any time. To view our Privacy Policy, please click here: https://www.acuvue.com.au/privacy-policy.

If you do not provide the requested Personal Information, or you withdraw your consent, we will not be able to carry out the above purposes and you will not be able to register in the Program. The Program is optional.

By visiting the Website, you expressly give us consent to collect, store, use and disclose your Personal Information for the above purposes and to the receipt of commercial electronic messages.

If you withdraw your consent for the collection and use of your Personal Information, you will need to email [email protected] advising of this decision. Following, we will remove all your details from our systems.

9. Profiles and Forums. You may be permitted to make available certain information or materials (each, a “Submission”) in connection with the Services, including on profile pages or interactive features. We have no control over and are not responsible for any Submissions, any use or misuse by any third party of Submissions or for your interactions with other users. Users are ultimately responsible for their own actions. If you choose to make your personal or other information publicly available through the Services, you do so at your own risk.

You acknowledge that any forums contain the opinions and views of other users. You acknowledge further that we are not responsible for the accuracy of any Submissions on the Site. You understand and agree that all Submissions are the sole responsibility of the person who posted the Submission. You understand and agree that you will evaluate, and bear all risks associated with, the use of any Submission, including any reliance on the accuracy, completeness, or usefulness of such Submission.

10. Our Right to Use Submissions. Nothing in this Agreement transfers any ownership rights in your Submissions. For each Submission, you grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, store and otherwise use, analyze and exploit such Submission, and to contact you about your Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials and advertising).

We are free to use any ideas, concepts, know-how, or techniques contained in or derived from any Submission for any purpose whatsoever, including developing, manufacturing, and marketing products. Therefore, please do not submit or send to us any ideas, suggestion or materials that you wish to keep confidential or for which you expect to receive compensation. You will not have any claim against us with respect to any use or non-use of Submissions. When you submit Submissions, you understand that we will have the right, but not the obligation, to use, display and publish your name, photograph, likeness, voice, performance, biographical information and/or statements, throughout the world in perpetuity on the Services and on any affiliate or successor site or social media channels owned or operated by us or our affiliates. If we make use of any of these rights, you understand and agree that you shall not receive any other consideration, payment, notification or credit, nor will you have any approval over how we use them.

In addition, if you provide to us any ideas, proposals or suggestions (“Feedback”), we will deem such Feedback a Submission. You agree that Feedback is not confidential and that your provision of it is gratuitous, unsolicited and without restriction and does not place us under any obligation in respect of such Feedback.

You confirm that (a) you have all rights necessary to grant the licenses granted in this section, (b) your Submissions are complete and accurate, and (c) your Submissions and your provision of them to us are not fraudulent or otherwise in breach of any applicable law or any right of any third party. You further irrevocably waive (and consent to us performing any acts or omissions in relation to your Submissions and associated materials that may be inconsistent with) any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your Submission that you may have under any applicable law.

We may impose a maximum amount of storage for Submissions on the Services. We are not responsible for any loss or harm you may suffer as a result of any deletion or failure to store any messages, communications or other Submission associated with maintaining the maximum amount of storage.

11. Monitoring Use of the Service. We may monitor, evaluate, alter or remove Submissions before or after they appear on the Services or analyze your access to or use of the Services. We may disclose information regarding your access to and use of the Services, the circumstances surrounding the transmission of Submissions, and personal information regarding users who make Submissions available, in each case in accordance with applicable law or a request by a court or law enforcement or other governmental authority, or otherwise in accordance with our Privacy Policy.

12. Your Right to Use the Services. You acknowledge that all intellectual property rights in the Services, including the content and copyright images on the Website, belong to us or our licensors. You have no right in or to the Services other than the right to access them in accordance with this Agreement. Any use of MyACUVUE^® in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with MyACUVUE^® (“Content”) is prohibited. This Agreement and User License also govern any updates to, or supplements or replacements for, MyACUVUE^® unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply. If you fail to comply with this Agreement, you must immediately cease using the Website.

13. Company’s Proprietary Rights. We and our suppliers own the Services, which are protected by proprietary rights and laws, including all of our brand names, trademarks and service marks and any associated logos. All trade names, trademarks, service marks and logos (collectively, “Marks”) on the Services not owned by us are the property of their respective owners. You may not use our Marks in connection with any product or service that is not ours or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting any right to use any Marks without the express prior written consent of the owner.

14. Third Party Materials; Links. The Website may allow access to third-party information, products, services and other materials, including Submissions (collectively, “Third Party Materials”), and including any access via links. We do not control or endorse, and are not responsible for, any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials at any time. Your access or use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such materials.

15. Additional Terms. Additional terms may govern certain features or content of the Services, such as offers, prize draws, competitions, contests and sweepstakes. By participating in any activity as part of the Services governed by additional terms, such as a prize draw, competition, contest or sweepstakes with Official Rules, you agree that you will be subject to those additional terms in addition to these Terms of Use.

16. DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.

WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AND SUBJECT TO ANY APPLICABLE TERMS AND CONDITIONS OR POLICIES APPLICABLE TO THE USE OF THIRD PARTY MATERIALS AS SET OUT IN SECTION 13, THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL BE SECURE, THAT ANY USER NAME, PASSWORD OR OTHER SECURITY MEASURE THAT YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICES WILL PREVENT UNAUTHORIZED ACCESS TO YOUR SERVICES ACCOUNT OR RELATED INFORMATION, OR THAT YOUR SERVICES ACCOUNT OR RELATED INFORMATION WILL NOT BE ACCESSED OR MISUSED BY ANY THIRD PARTY.

ALL DISCLAIMERS OF ANY KIND IN THIS AGREEMENT (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “COMPANY PARTIES”).

While we take reasonable steps to try to maintain the timeliness, integrity and security of the Services, we cannot guarantee that they are or will remain updated, complete, correct or secure, or that access to them will be uninterrupted. The Services may include inaccuracies, errors and materials that conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Services. If you become aware of any such alteration, provide a description of such alteration and its location on the Services by emailing [email protected].

17. LIMITATION OF LIABILITY.

NOTHING IN THIS AGREEMENT RESTRICTS, EXCLUDES OR MODIFIES OR PURPORTS TO RESTRICT, EXCLUDE OR MODIFY ANY MANDATORY STATUTORY CONSUMER RIGHTS UNDER APPLICABLE LAW.

WITH RESPECT TO ANY CONDITIONS, WARRANTIES OR GUARANTEES THAT CANNOT BE EXCLUDED UNDER APPLICABLE STATUTES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY IS LIMITED (AT OUR OPTION) TO THE RESUPPLY OR REFUND OF THE COST OF THE RELEVANT PORTION OF THE SERVICES.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, OR LOSSES THAT WERE NOT REASONABLY FORESEEABLE TO YOU OR US AT THE TIME YOU AGREED TO THIS AGREEMENT, IN EACH CASE ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, AND UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY (COLLECTIVELY, “INDIRECT LOSSES”). LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH YOU AND WE KNEW IT MIGHT HAPPEN.

WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE WILL NOT BE LIABLE FOR INDIRECT LOSSES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH.

THE COMPANY PARTIES DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO USE THE SERVICES; AND (B) TEN AUSTRALIAN DOLLARS ($10).

ALL LIMITATIONS OF LIABILITY OF ANY KIND IN THIS AGREEMENT (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND THE COMPANY PARTIES.

WITH RESPECT TO ANY CONDITIONS, WARRANTIES OR GUARANTEES THAT CANNOT BE EXCLUDED UNDER STATUTE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, OUR LIABILITY IS LIMITED (AT OUR OPTION) TO THE RESUPPLY OR REFUND OF THE COST OF RELEVANT SERVICES.

18. Website Operation. does not warrant that any of the functions contained in the website or your access to the website will be uninterrupted or error free, or that any outage notifications will be made in a timely manner, or at all. It may be necessary to interrupt the services provided on this website in order to upgrade or maintain them, or for other circumstances beyond the Company’s control. Should the Company or its website hosting provider need to interrupt the availability of services on this website, the Company or its website hosting provider will use its reasonable endeavours to minimise any interruption to the Services.

The Company does not represent or warrant that this Website, the Website Content or any other material accessible from this Website is free from computer viruses (including macro viruses) or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.

This Website is intended for use within Australia and/or New Zealand only unless otherwise specified. The Company make no representation that any product or service referred to on this Website is appropriate for use, or available, outside of Australia and/or New Zealand. Those who choose to access this site outside of Australia are responsible for compliance with local laws to the extent that local laws are applicable.

19. Third Party Claims. If we are sued by a third party as a result of your breach of this Agreement or your infringement of any third-party right, then, to the fullest extent permitted by applicable law, you will be responsible for all liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) incurred by the Company Parties.

20.Termination. You may stop using the Website, and thereby terminate this Agreement, at any time. We may terminate or suspend your use of the Services if you do not comply with this Agreement, engage in any fraud or abuse, or if you or anyone using your account makes any misrepresentation to us. Where reasonable under the circumstances, we will provide you with at least twenty-four (24) hours’ prior notice of termination or suspension, provided that if we reasonably believe that you have materially breached this Agreement, we may immediately terminate or suspend you. Upon any termination or suspension, your right to use the Services will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without obligation to provide further access to such materials. Your obligations under this Agreement shall survive any expiration or termination of this Agreement.

21. Governing Law; Jurisdiction. Unless otherwise prescribed by applicable law, this Agreement is governed by and shall be construed in accordance with the laws of the New South Wales, Australia, without regard to its principles of conflicts of law, and regardless of your location. All disputes between you and us arising out of or related to the Services or this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory and including non-contractual disputes or claims, will be subject to the exclusive jurisdiction of the federal and state courts located in the New South Wales, Australia, and you waive any jurisdictional, venue or inconvenient forum objections to such courts.

22. Filtering. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that may be harmful to or inappropriate for minors. Information identifying current providers of such protections (which we do not endorse) is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providersOpen link in new window.

23. Information or Complaints. If you have a question or complaint regarding the Services, please email us at [email protected].

24. Copyright Infringement Claims. If you believe in good faith that materials available on the Services infringe your copyright, you may write to us by mail and request that we remove such material or block access to it. Please be precise about the identity and location of the allegedly infringing materials. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, you may send us a written counter-notice. Notices and counter-notices must be sent through the link at Contact Us https://www.acuvue.com.au/contact-us In the United States, in addition to contacting us by clicking Contact Us https://www.acuvue.com.au/contact-us the Company’s Agent for complaints related to the Digital Millennium Copyright Act (DMCA) can be reached in writing at the following address:

Trademark Law Department
Johnson & Johnson
One Johnson & Johnson Plaza
New Brunswick, NJ 08933

This address may also be used to contact us about copyright infringement claims in jurisdictions outside of the United States, or you may contact us through clicking Contact Us https://www.acuvue.com.au/contact-us.

25. Other Important Terms. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. This Agreement is between you and us. Except as set forth in Sections 17, 18 and 27, no other person shall have any rights to enforce any of the terms of this Agreement. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter of this Agreement, and, in the absence of fraud, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Services or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Neither party will be responsible for any failure to fulfill any obligation due to any cause beyond its control.