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TERMS OF USE OF THIS WEBSITE / APPLICATION

View our Collection Statement

1. Your Acceptance

  1. These are the terms and conditions (Terms) on which Maui Jim, Inc., Maui Jim USA, Inc., Maui Jim Australia Pty Ltd, and other affiliated companies (collectively referred to as Maui Jim, we, our or us) permits users (referred to as you or your) to:
    1. access and use the Maui Jim website at www.au.mauijim.com and www.trade.au.mauijim.com (collectively the Website) including using the services and functionality made available through the Website;
    2. place an order for products, services or both (Order) through our online store;
    3. view and interact with any content, information, communications, advice, text or other material provided by Maui Jim (Maui Jim Content); and
    4. communicate with Maui Jim.
  2. You agree to be bound by these Terms when you use, browse or access any part of the Website.
  3. In addition, your access to the Website is subject to these Terms and the Maui Jim Australia Privacy Policy (Privacy Policy). Upon completion of online registration as a user of the Website by you, you agree to be subject to the Privacy Policy and these Terms. By completing the online registration access, you represent and warrant that you have the right, authority and capacity to accept these Terms and the Privacy Policy and agree to abide by both the Terms and the Privacy Policy. If you do not agree to these Terms and the Privacy Policy, you must not access or use the Website.
  4. Maui Jim may from time to time review and update these Terms including to take account of any new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.

2. Changes to the Website and Functionality

  1. The Website is subject to change at any time without notice and may contain errors.
  2. Maui Jim reserves the right to change the functionality of the Website at any time without prior written notification.

3. Registration

  1. In order to access certain features and functionality of the Website you will have to register as a user of the Website (User) by providing all of the information required at registration.
  2. When creating an account, you become a User and warrant that you are of legal age to form a binding contract with Maui Jim and have the necessary authority and capacity to enter into a binding legal contract, and that all information you have provided is true, accurate and complete. You must provide an email address that you own or control.
  3. If and when you create an account as a business to use the business or trade sections of our Website, you represent and warrant that you, as the individual identified in the registration process, have the authority to create the account, and agree to these Terms, on behalf of the business, and that the information you have provided is true and correct. You also agree that the business will be bound by the terms and conditions set out separately in the Australia Account Profile document we ask you to complete and return to us.
  4. Maui Jim operates the Website for adults only. Accordingly, you must be at least 18 years old to become a registered User. If you are under 18 years of age, Maui Jim will refuse or cancel your registration.
  5. You will be fully responsible for all acts and omissions of any person using your password and username as if they were your own acts and omissions. You agree that you will not share, disclose, or permit disclosure of, your password, let anyone else access your account or do anything that would risk the security of your account. Maui Jim will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of your password and account, and you will indemnify Maui Jim against all loss, damage, claims, costs or demands in this regard.
  6. You must notify us immediately if you become aware of any unauthorised access or use of your account. If you believe your username or password has been compromised, lost or misplaced, please contact us at webmaster.us@mauijim.com.
  7. You should exercise particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
  8. You agree that you will not create more than one personal account and if we disable or terminate your account for any reason, you will not create another one without our permission, whether through the use of your own personal details or those related to you or created by you.
  9. We reserve the right to deny access or refuse registration of any User, at our sole discretion.

4. Orders for products, services or both

  1. By placing an Order via our Website you are making an offer and commitment to purchase products, services or both in accordance with these Terms. An Order is subject to acceptance or rejection by Maui Jim in its discretion after receipt of the Order. Provided you have not accepted delivery of the products, where possible, Maui Jim may in its discretion permit an Order to be cancelled, but cancellations cannot be guaranteed once any applicable payment is received for the Order. The Order cannot be cancelled by you once you accept delivery of the products.
  2. Once you have placed an Order in accordance with these Terms you will receive an email confirming the details of your Order and receipt of payment (where applicable) (Confirmation Email). If you do not receive a Confirmation Email, your Order may not have been accepted. If you haven't received a Confirmation Email, please contact Maui Jim to check the status of your Order.
  3. Notwithstanding anything to the contrary, we may at any time following receipt of your Order accept, decline, or limit your Order for any reason whatsoever, whether or not your payment method (such as your credit card) has been charged or we have otherwise received payment from you. We will issue you with a refund if your payment method has been charged or we have received payment from you, and your Order is cancelled by us.
  4. We may modify prices and product and service offerings at our discretion for any reason (including but not limited to changes in market conditions, product discontinuation, changes in availability, manufacturer changes, errors in advertising, and in other circumstances).
  5. All updates and modifications to the Website including any changes to the Maui Jim Content, and all product and service pricing and offerings will be subject to these Terms. Any information we provide in relation to the availability of products is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products that you may order through the Website.

5. Fees and payments

  1. The fees and charges are inclusive of goods and services tax and all other taxes, duties and charges imposed or levied in Australia in connection with the supply of goods or services.
  2. Payment of the fees and charges is required to be made via facilities provided by such payment provider(s) as made available to you on the Website (Payment Provider), where available. Your use of the Payment Provider’s system is subject to any relevant user agreements and privacy policies of the Payment Provider.
  3. If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted Order from your nominated credit card account.
  4. When submitting your credit card or other payment information on our Website you represent:
    1. that you are properly authorised to use the credit card or other payment method for your Order;
    2. the information you provide is true, correct and complete;
    3. any fees or charges incurred by you will be honoured by your credit card company or other payment provider; and
    4. you will pay all charges incurred by you at the listed prices, including any applicable taxes.
  5. If we are unable to successfully process your credit card or other payment method for your Order that is accepted by us, then we may cancel your Order.
  6. You must not pay, or attempt to pay, for Orders through any fraudulent or unlawful means.
  7. We reserve the right at our discretion to cancel any payment if it appears fraudulent in any way, and we may notify the card holder and the relevant authorities.
  8. Further specific terms and conditions of supply for any products or services purchased via the Website may be notified to you via the Website before your finalise your Order. Your confirmation of any Order indicates your acceptance of those further terms and conditions of supply, which will upon confirmation of the Order be incorporated into these Terms in respect of that Order.
  9. We will provide you with a receipt at time of confirmation of the Order which specifies the total fees and charges for the products and services in your order.
  10. On the Website, we utilize Secure Sockets Layer (SSL) technology to protect the security of your credit card information. SSL encrypts your order information to avoid the decoding of that information by anyone other than Maui Jim. To make sure you are accessing our secure server before you submit your credit card information, please check your browser to see either an unbroken key or a closed lock (depending upon your browser), then SSL is active. To double-check for security, look at the URL or location line of your browser during the order process. If you have accessed a secure server, the first characters of the address will change from "http" to "https". Some browser versions and some firewalls don't permit communication through secure servers like the ones we use to process orders on the Website. If for any reason you cannot access the secure server, please feel free to contact us by phone at 1800 010 244 and we will assist you to place an Order.
  11. Your credit card information submitted on the Website is stored and processed by a third party which has contractually agreed to comply with all rules, regulations, standards, or guidelines adopted or required by the credit card payment brands (including, without limitation, Visa, MasterCard, American Express, Discover, and JCB) or the Payment Card Industry Security Standards Council relating to privacy, data security, and the safeguarding, disclosure, and handling of Payment Instrument Information, including, without limitation, the Payment Card Industry Data Security Standards, Visa’s Cardholder Information Security Program, Discover’s Information Security & Compliance Program, American Express’s Data Security Operating Policy, MasterCard’s Site Data Protection Program, Visa’s Payment Application Best Practices, the Payment Card Industry’s Payment Application Data Security Standard, MasterCard’s POS Terminal Security program, and the Payment Card Industry PIN Transmission Security program, in each case as they may be amended from time to time.
  12. We may update or change our payment policies at any time without prior notice to you.

6. Shipping

  1. Maui Jim offers Free Standard Shipping on AU Orders via the Website. No minimum order is required. Standard Shipping within Australian typically takes 1-2 business days. Orders placed Monday-Friday before 2:00pm AEST (excluding state and public holidays) will ship same-day.
  2. You can return purchased stock for a full refund if received within 30 days with original packaging and in a saleable condition. See paragraph 8.1 for more information.

7. Risk and title

  1. Title to the products in your Order passes to you upon delivery; and
  2. all risk of loss or damage to the products in your Order passes to you when we dispatch your Order from our premises.

8. Refunds and returns

  1. The Maui Jim 100% Guarantee: If you're not 100% hau'oli (happy) with your purchase, you can return it for your money back within 30 days. The return shipping is on us.
  2. Faulty or damaged items
    In accordance with your rights under the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law):
    1. If an item has a major or serious problem, you are entitled to choose a refund, or exchange, or ask for compensation for any drop in the value of the item, provided you present proof of purchase. An item has a major problem when:
      1. a reasonable consumer would not have brought the goods if they had known about the problem;
      2. the goods are significantly different from the description, sample or demonstration model shown;
      3. the item is substantially unfit for their normal purpose and cannot easily be made fit within a reasonable time; or
      4. the item is unsafe; and
    2. if an item has a minor problem, please contact Maui Jim where we may refund or replace the item, or repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement. Please keep your proof of purchase.
  3. Returning items
    1. Items must be returned by following the directions of Maui Jim when you contact us about returning an item.

9. Termination of your account

  1. Without limiting our right to terminate your access to our Website in paragraph 18.1 , we may terminate your account or licence to use the Website at any time immediately by notice in writing if you breach any of these Terms.

10. Maui Jim Content

  1. The Website is owned and operated by or on behalf of Maui Jim.
  2. The Maui Jim Content on the Website is for general information and promotional purposes only. Maui Jim does not warrant or make any representations as to any third party products or services described or referred to on the Website. Any use of the Maui Jim Content, materials or information by another person or organisation is at your own risk.
  3. The Maui Jim Content on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Maui Jim Content on the Website is not an endorsement of any organisation, product, service or advice.
  4. All intellectual property rights, including copyright, in the Website and Maui Jim Content are owned or licensed by Maui Jim or any of its related entities. You must not copy, modify or transmit any part of the Website or Maui Jim Content.
  5. The Website may contain trade marks, logos and trade names of Maui Jim or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos or trade names appearing on the Website.
  6. Without limiting any other provision of these Terms, unless otherwise noted, all materials, including text, illustrations, photographs, designs, graphics, logos, button icons, images, audio clips, software, written and other material (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties, owned, controlled or licensed by Maui Jim, Inc. (hereinafter “Maui Jim’s Intellectual Property”). U.S. and international copyright and trademark laws protect the Contents and the Website as a whole. Maui Jim’s Intellectual Property may not be used without our express written consent. We grant you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with the express written permission of Maui Jim, Inc. This license does not include any resale or commercial use of this Website or its Contents; any collection and use of any product listings, descriptions or prices; any derivative use of this Website or its Contents; downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any of Maui Jim’s Intellectual Property or other proprietary information (including images, text, page layout or form) of the Website without our express written consent. You may not use any metatags or any other "hidden text" utilizing our name, trademarks, service marks or any other of Maui Jim’s Intellectual Property without our express written consent. Any unauthorized use terminates the permission or license granted by us.
  7. Unless otherwise noted, all trademarks, service marks, and trade names used herein, are trademarks or registered trademarks of Maui Jim, Inc. in the U.S. and certain jurisdictions, including but not limited to: MAUI, MAUI JIM, MAUI JIM (STYLIZED), MAUI JIM & PARROT DESIGN, MAUI EVOLUTION, MAUIREADERS, MAUIREADERS PLUS, MAUI PURE, MAUI ROSE, MAUIFLEX, MAUIGRADIENT, MYMAUI, POLARIZEDPLUS, POLARIZEDPLUS2, CLEARSHELL, COLOR LIKE YOU’VE NEVER SEEN IT, HCL, REFLECT YOUR BRILLANCE, TITANIUM ELITE, WELCOME TO COLOR, COLOR.CLARITY.DETAIL, MAUI JIM AUTHENTIC POLARIZEDPLUS2 and Design, THE WORLD’S MOST MEMORABLE GIFT EXPERIENCE and WWW.MAUIJIM.COM. POLAGE is a trademark of Austine Studios. GUY HARVEY is a trademark of Guy Harvey, Inc. PolarizedPlus2 lens technology is covered by U.S. Patent No. 6,145,984. Maui Jim Sunglasses may be covered by one or more of the following patents: U.S. Patent Nos. D481059; D481060; D488829; D508514; D539828; D543230; 7,717,557; and 6,145,984.
  8. Maui Jim grants you a non-exclusive and non-transferable licence to use the Website for your own personal use or, for business or trade customers, for the limited commercial purpose of using the trade section of the Website to search our product catalogue, order products, use the payment facilities, view your ordering and account history, and access our BrandCentre, all subject to the restrictions specified in paragraph 12 and elsewhere in these Terms. The Website is not to be otherwise used for commercial exploitation.
  9. If you have a complaint regarding any Maui Jim Content, Maui Jim's sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Maui Jim Content.

11. Disclaimer; no provision of medical advice

  1. We have used our best endeavours to ensure all Content appearing on this site is correct and up-to-date at the time of publication. Subject to your rights under the Australian Consumer Law (as defined in paragraph 8.2 ) and to paragraph 17.2 , Maui Jim does not represent or warrant the accuracy or completeness of the Content or the Website and is not liable for any errors, omissions or defects. Depending on the settings of the device or screen you use to access the Website, the colours of products as displayed on this Website may not constitute an accurate depiction of the true colour of the item.
  2. The Website, Maui Jim Content and services made available through the Website are not a substitute or replacement for professional medical advice, diagnosis or treatment, and you should not rely on this information as such. You should always consult a health-care professional if you have any concerns or questions about your health, and you should not disregard, avoid or delay obtaining medical or health-related advice from your health-care professional because of something you may have read on the Website.
  3. Nothing contained in the Website, Maui Jim Content or services made available through the Website is intended to be, and it must not be taken to be, the practice of medical or counselling care.
  4. Your access or use of the Website, Maui Jim Content or services made available through the Website does not in any way create between you and Maui Jim, a confidential or privileged relationship, a relationship of practitioner and patient, or any other relationship that would give rise to any duties on our part.
  5. Subject to your rights under the Australian Consumer Law (as defined in paragraph 8.2 ) and to paragraph 17.2 , any reliance or use of any information provided by or contained in the Website, Maui Jim Content or services made available through the Website is solely at your own risk.

12. Prohibited uses

  1. You agree that in accessing and using the Website, you will not engage or attempt to engage in any activities that:
    1. download (other than page caching) or modify the Website or any portion of the Website;
    2. impersonate or falsely claim to represent a person or organisation;
    3. are commercial, including selling, marketing, advertising or promoting goods or services (except as may be permitted by paragraph 10.8 of these Terms);
    4. frame the Website without Maui Jim's express written permission;
    5. post, link to, or otherwise communicate or distribute any misleading or deceptive, inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights;
    6. post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate;
    7. bypass (or attempt to bypass) any security mechanisms imposed by the Website;
    8. delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website;
    9. knowingly post or transmit or permit the posting or transmission of any material which contains a computer virus or other harmful data, code or material; or
    10. solicit information (including login information) or access the account of any other person.

13. Links and advertisements

  1. The Website may contain links to other websites. We have not reviewed all of the third party websites linked on the Website and are not responsible for and will not be liable in respect of their content or accuracy (including websites linked through advertisements). Maui Jim provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement, support or sponsorship of those websites, their operators, the goods, services or content that they describe.
  2. Facebook, Twitter, Instagram, YouTube and other third party websites which are linked to the Website, are not covered by these Terms, and may have their own terms and conditions and privacy policy which we recommend that you read and review before visiting. If you choose to access these third party linked sites, you do so at your own risk. We provide these linked websites only for the convenience of our visitors. Maui Jim is not responsible for and will not be liable in respect of the content or operation of those websites or any of the goods, services or content that they describe. Maui Jim is not responsible for and will not be liable in respect of any incorrect link to an external website.

14. Access and communication

  1. Subject to your rights under the Australian Consumer Law (as defined in paragraph 8.2 ) and to paragraph 17.2 :
    1. Maui Jim does not warrant that you will have continuous access to the Website;
    2. Maui Jim will not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise;
    3. Maui Jim does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties;
    4. whilst Maui Jim takes reasonable precautions to protect information transmitted via the Website, Maui Jim cannot and does not guarantee the security or confidentiality of these communications or the security of the Website; and
    5. Maui Jim does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.

15. Privacy

  1. Any personal information submitted by you (whether personal information of you or another individual which you have the necessary consents to provide) to Maui Jim is subject to and will be handled in accordance with Maui Jim's Privacy Policy. The Privacy Policy forms part of these Terms and can be found at au.mauijim.com/en/terms-privacy-page. You agree that, by using the Website or communicating with Maui Jim, you have read the Privacy Policy, understood its contents and consented to its requirements.
  2. You must not upload any personal information of another individual to the Website unless you first make them aware of Maui Jim's Privacy Policy and have their consent to upload such personal information.

16. Indemnity

  1. You will fully indemnify Maui Jim in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
    1. any breach of these Terms by you;
    2. your use of the Website or Maui Jim Content;
    3. your communications with Maui Jim;
    4. any third party use of the Website through your account (whether authorised or not); or
    5. your infringement of any third party rights.

17. Warranties, consumer guarantees and limitation of liability

  1. Subject to paragraph 17.2 , any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
  2. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.
  3. To the fullest extent permitted by law, the liability of Maui Jim for a breach of a non-excludable guarantee referred to in paragraph 17.2 is limited, at Maui Jim's option, to:
    1. in the case of goods supplied or offered by us, any one or more of the following:
      1. the replacement of the goods or the supply of equivalent goods;
      2. the repair of the goods;
      3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
      4. the payment of the cost of having the goods repaired; or
    2. in the case of services supplied or offered by us:
      1. the supplying of the services again; or
      2. the payment of the cost of having the services supplied again.
  4. Maui Jim will not be liable to you for any indirect, incidental, punitive, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, the Maui Jim Content, all links to or from the Website or the goods and services advertised or referred to on the Website.
  5. Subject to this paragraph 17 , the maximum aggregate liability of Maui Jim for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, or with the use of the Website or with any delay or inability to use the Website, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the total amount paid by you to Maui Jim in connection with the subject matter of the particular dispute, or the sum of $100, whichever is greater.

18. Termination of your access to the Website

  1. Maui Jim may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice.
  2. This paragraph 18 and paragraphs 1.2 to 1.4 , 2 , 3 , 5 , 8 , 9 , 10 (except for the licences granted in paragraphs 10.6 and 10.8 , and except for paragraph 10.9 ), and 11 to 21 will survive termination or expiry of your access to the Website or cancellation of your account, and will continue to the benefit of and be enforceable by Maui Jim.
  3. Provisions concerning how we will handle personal information will also survive termination, including provisions that describe how we many handle your personal information in accordance with the provisions of our Privacy Policy.

19. Jurisdiction and law

These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.

20. International Use

  1. We make no representation or warranty that any competition, offering or content accessible through the Website is appropriate or available for use in locations outside Australia. If you choose to access the Website from other locations, you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorised to access the Website from any location where doing so would be illegal.
  2. You understand that some countries have import restrictions on certain goods or materials. If you are outside Australia, you will be responsible for checking whether such restrictions apply before accessing or using the Website. If you are outside Australia you will become the importer and will be liable to pay local taxes or duties, and you will assume all liability under any customs or import laws and regulations.

21. Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

22. Contacting us

  1. If you have questions about the Website or these Terms, please contact us as follows:
    1. Post:
      Maui Jim Australia Inc.
      Unit 6 / 25 Frenchs Forest Road
      Frenchs Forest NSW 2086
    2. Phone:
      For general and repair questions: 1800 010 244
    3. Email:
      For general questions and information: sales.au@mauijim.com
      For product repairs: repair.au@mauijim.com
      For employment questions and information: hr.us@mauijim.com
      For Website concerns and technical help: webmaster.us@mauijim.com
  2. If you have a query about Maui Jim's Privacy Policy, the contact details for our Privacy Officer are set out in the Privacy Policy.

COLLECTION STATEMENT

To assist us in providing our products and services, providing you with requested information, and otherwise conducting our business functions and activities, we need to collect personal information about you. By providing your personal information, you agree that it will be used and disclosed by Maui Jim Australia Pty Ltd in accordance with this statement and our Privacy Policy, available at http://au.mauijim.com/en/terms-privacy-page. If you do not agree, you must not provide your personal information, and we may not be able to communicate with you or provide certain information, products or services to you. We may disclose your personal information to other parties, including our affiliated companies, and to third parties who provide products and services to us or through us in the ordinary operation, administration or promotion of our business and otherwise in accordance with our Privacy Policy. From time to time, these third parties may be located (and therefore your personal information may be disclosed) overseas, including in the USA. We may use and disclose your personal information for direct marketing purposes, unless you opt out (which you can do at any time in accordance with our Privacy Policy). Our Privacy Policy contains information about how you may access and seek correction of your personal information, how you may complain about a breach of your privacy, and how we will deal with that complaint.