Terms of Use

Privacy

Please review our Privacy Policy, which also governs your use of Gentle Monster Platform.

1. Eligibility

By using Gentle Monster Platform, you represent that (i) you have read, understand and agree to be bound by these Terms; (ii) you are of legal age to form a binding contract with Gentle Monster; and (iii) you have the authority to enter into these Terms.

2. Gentle Monster Content

The entire content published on Gentle Monster Platform, including but not limited to text, graphics, the "look and feel" of the website, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video, audio files or code, including software and all HTML and other code ("GM Content") is protected by copyright, trademark, design, patent and other laws, and GM Content shall remain at all times vested in Gentle Monster and/or are the property of their respective owners. Permission is granted to electronically copy and print hard copy portions of Gentle Monster Platform for the sole purpose of placing an order. Without obtaining our prior written consent, any other use, including but not limited to the reproduction, modification, distribution, display or transmission of any content of Gentle Monster Platform is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from Gentle Monster Platform.

Gentle Monster reserves the right to withdraw, temporarily or permanently, any GM Content from Gentle Monster Platform at any time and for any reason. Removal may be immediate and without notice. We will not be liable to you or any third party for any such withdrawal or removal.

3. User Content

Some parts of Gentle Monster Platform may allow you to post photos, videos, comments, reviews, feedback, communications and other content ("User Content"). You represent that you own or otherwise control all of the rights to User Content. Gentle Monster will not be responsible and take no liability for User Content you or others post to Gentle Monster Platform.

You hereby agree to grant Gentle Monster a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, irrevocable, and worldwide right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display any of the User Content that you post on or in connection with Gentle Monster Platform, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services. Gentle Monster may, in its sole discretion, remove any User Content at any time.

4. Third-Party Services and Links

Gentle Monster Platform may contain links to third-party websites or services ("Linked Sites"). Linked Sites are not under the control of Gentle Monster, and Gentle Monster is not responsible for the content, policies, or practices of any Linked Sites.

The inclusion of any Linked Site does not imply endorsement by Gentle Monster. Your use of third-party websites or services may be subject to separate terms and conditions and privacy policies imposed by those third parties.

Certain payment services available through Gentle Monster Platform may be provided by third-party providers such as Afterpay or Klarna. Your use of such services may be subject to additional terms and conditions imposed by those providers.

By using third-party services through Gentle Monster Platform, you acknowledge that certain information may be shared with third-party providers to the extent necessary to provide the relevant services and in accordance with our Privacy Policy.

5. Products

Gentle Monster makes reasonable efforts to accurately display product availability, descriptions, and colours on Gentle Monster Platform. However, merchandise availability is not guaranteed, and actual colours may vary depending on your device or monitor settings.

Certain products may be offered on a pre-order or backorder basis. Any estimated shipping or delivery dates are indicative only and may change.

All prices displayed on Gentle Monster Platform are in Australian Dollars (AUD) and include applicable GST unless otherwise stated.

Prescription lens products may be subject to separate cancellation, return, remake, or refund conditions as described in our FAQ.

6. Orders

To make purchases through Gentle Monster Platform, you may be required to provide personal and payment information, including your name, phone number, email address, billing information, and other requested details. You represent and warrant that all information provided by you is accurate, current, and complete.

We may conduct fraud prevention and verification checks in connection with your order. Information provided by you may be disclosed to third-party fraud prevention or payment processing providers where reasonably necessary.

We reserve the right to refuse or cancel any order where:

• (i) payment authorization cannot be obtained;
• (ii) a product is unavailable or subject to shipping restrictions;
• (iii) technical or pricing errors occur;
• (iv) product information is inaccurate; or
• (v) you do not meet the eligibility requirements set out in these Terms.

To the maximum extent permitted by law, Gentle Monster will not be liable for refusing, cancelling, or suspending any order or transaction.

7. Termination And Suspension

In addition to any right or remedy that may be available to us under these Terms or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to Gentle Monster Platform, at any time with or without notice in the event you have breached these Terms or such action is necessary to prevent harm to any party or liability to Gentle Monster.

You will be prohibited from registering and/or creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Additionally, Gentle Monster reserves the right to take appropriate legal action, including but not limited to, pursuing arbitration, a criminal case, and injunctive redress.

These Terms will remain enforceable against you after your right to use the Gentle Monster Platform is terminated, limited, or suspended.

8. Disclaimer of Warranties

Gentle Monster Platform and all content, materials, products, and services made available through Gentle Monster Platform are provided on an "as is" and "as available" basis.

To the maximum extent permitted by law, Gentle Monster makes no representations or warranties of any kind, express or implied, regarding the operation of Gentle Monster Platform or the accuracy, reliability, completeness, or availability of any content or services provided through Gentle Monster Platform.

The content and materials available through Gentle Monster Platform are provided for informational purposes only and are not intended to replace professional medical, optical, or optometric advice. If you have concerns regarding your vision, prescription, or suitability of a product, you should consult a qualified optometrist or healthcare professional.

Gentle Monster does not guarantee that Gentle Monster Platform will be free from viruses, security breaches, or other harmful components. You are responsible for implementing appropriate security protections for your own devices and systems.

Nothing in these Terms excludes, restricts, or modifies any rights or remedies available to you under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded or restricted.

9. Indemnification and Limitation of Liability

You agree to indemnify and hold harmless Gentle Monster, its affiliates, officers, employees, agents, and contractors from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from:

• (i) your breach of these Terms
• (ii) your misuse of Gentle Monster Platform; or
• (iii) your infringement of any third-party rights.

To the maximum extent permitted by law, Gentle Monster will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of Gentle Monster Platform, including loss of profits, loss of data, loss of goodwill, or business interruption.

To the maximum extent permitted by law, Gentle Monster’s total aggregate liability arising out of or relating to these Terms or Gentle Monster Platform will not exceed the greater of:

• (i) AUD $500; or
• (ii) the total amount paid by you to Gentle Monster for the relevant product giving rise to the claim.

Nothing in these Terms excludes, restricts, or modifies any rights or remedies available under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded.

10. Applicable Law: Dispute Resolution

These Terms are governed by the laws of New South Wales, Australia.

You and Gentle Monster submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia in relation to any dispute arising out of or relating to these Terms or Gentle Monster Platform.

11. Modification and Severability

Gentle Monster reserves the right to modify these Terms at any time. Any updates will be posted on Gentle Monster Platform and become effective upon posting.

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions will continue in full force and effect.

12. Updating Your Information

If you have a customer account, you may update or amend your information by logging into your account and modifying your details where available.

13. Marketing Communications

If you have subscribed to receive marketing communications from Gentle Monster, you may unsubscribe at any time using the unsubscribe link included in our communications or by contacting us directly.

Please note that even if you opt out of marketing communications, we may still send you transactional or service-related communications relating to your account or purchases.

14. Contact Us

If you have any questions regarding these Terms or Gentle Monster Platform, please contact us at service.au@gentlemonster.com