Terms and Conditions - MARRIA.com.au 1. General. These General Terms and Conditions of Use ("Terms") are entered into by and between you and MARRIA.com.au. In consideration of your use of and access to this Internet website ("MARRIA.com.au"), and the promises and obligations herein, and intending to be legally bound, you and MARRIA.com.au hereby agree as follows: Your access to and use of the MARRIA.com.au website is subject to the Terms herein, as well as any modifications issued by MARRIA.com.au to these Terms, and all applicable laws and regulations. BY USING THE MARRIA.com.au WEBSITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you keep visiting the MARRIA.com.au website, we will take that as confirmation that you have agreed to these Terms. Amongst other things, the MARRIA.com.au website may provide information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. MARRIA.com.au and its owners will not be held liable for any information provided on the MARRIA.com.au or any disputes and matters that may arise between you and the websites linked, mentioned or suggested from MARRIA.com.au. 2. Changes in Terms. MARRIA.com.au shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the MARRIA.com.au website. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the MARRIA.com.au website. You are responsible for reviewing the MARRIA.com.au website periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by MARRIA.com.au to these Terms. ANY ACCESS OR USE OF THE MARRIA.com.au website BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than MARRIA.com.au shall be valid or enforceable against MARRIA.com.au. 3. Termination. These Terms are effective until terminated by MARRIA.com.au. MARRIA.com.au may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the MARRIA.com.au website, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. MARRIA.com.au shall also have the right without notice and at any time to terminate the MARRIA.com.au website or any portion thereof, or any products or services offered through the MARRIA.com.au website, or to terminate any individual's right to access or use the MARRIA.com.au website or any portion thereof. 4. Compliance with Laws. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the MARRIA.com.au website. 5. Content. The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the MARRIA.com.au website, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or typographical errors or may be out of date. MARRIA.com.au may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on MARRIA.com.au in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by MARRIA.com.au or by third parties. You may view and use the Content only for your personal information and for shopping and ordering, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, MARRIA.com.au does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the MARRIA.com.au. website, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by MARRIA.com.au, is strictly prohibited. 6. Linked Third Party websites. Links to other Internet websites operated by third parties, including MARRIA.com.au affiliates, do not constitute sponsorship, endorsement, or approval by MARRIA.com.au of the content, policies, or practices of such linked websites. Linked websites are not operated, controlled, or maintained by MARRIA.com.au, and MARRIA.com.au is not responsible for the availability, content, security, policies, or practices of linked websites, including without limitation privacy policies and practices. Links to other websites are provided for your convenience only, and you access them at your own risk. 7. Delivery. MARRIA.com.au affiliates or Linked Third Party websites may restrict delivery to addresses within or only in the United States, Canada and Europe. MARRIA.com.au will not be held liable if delivery is not available to you. Descriptions of, or references to, products or services on the MARRIA.com.au website do not imply endorsement of that product or service, or constitute a warranty, by MARRIA.com.au. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, MARRIA.com.au will not be held responsible for incorrect information. 8. Disclaimer and Limitation of Liability as to the MARRIA.com.au website and Content. MARRIA.com.au MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE MARRIA.com.au WEBSITE OR ANY LINKED WEBSITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY WEBSITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. MARRIA.com.au ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE MARRIA.com.au WEBSITE OR ANY LINKED WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MARRIA.com.au WEBSITE OR ANY LINKED WEBSITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE MARRIA.com.au WEBSITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE MARRIA.com.au WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL MARRIA.com.au, OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE MARRIA.com.au WEBSITE OR ANY LINKED WEBSITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF MARRIA.com.au IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 9. Indemnification. You agree to defend, indemnify, and hold harmless MARRIA.com.au, and its respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs, arising out of or relating to your breach of these Terms or your access to or use of the MARRIA.com.au website. The foregoing indemnification obligation shall survive termination of these Terms and the MARRIA.com.au website and any product or service mentioned on MARRIA.com.au to you arising out of or relating to your use of the MARRIA.com.au website. 10. Submissions. Except as otherwise expressly provided herein or posted on the MARRIA.com.au website, any communication or material you transmit to the MARRIA.com.au website by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be the property of MARRIA.com.au unless stated otherwise by you in your submission. Furthermore, MARRIA.com.au and related entities are free to use any ideas, concepts, know-how, suggestions or techniques contained in any communication you send to the MARRIA.com.au website for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication. 11. Miscellaneous. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by MARRIA.com.au of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms. MARRIA.com.au shall not be liable for any non-performance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
Last Updated: 02 February 2012 |