The lisamarinucci.com.au website ("website") is owned and operated by Lisa Marinucci (ABN 71 400 714 202) ("Lisa Marinucci"). Your access to the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers, privacy policy and customer service documents contained in this document and elsewhere on the website (known collectively as "Terms of Use"). Your use of, and/or access to, the website constitutes your agreement to the Terms of Use. Lisa Marinucci reserves the right to amend the Terms of Use at any time without notice and with immediate effect. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on the website.
Membership
To become and remain a member, you must:
(a) apply and be accepted for Membership;
(b) correctly complete the information requested on the ‘Create an Account’ page and;
(c) Have an active, permanent email address so as to receive, among other things invitations, special offers, regular newsletters; and
There is a limit to the number of members. Lisa Marinucci may accept or reject an application to become a member at Lisa Marinucci’s absolute discretion and without giving reasons. If your application for Membership is unsuccessful for any reason whatsoever, you may reapply for Membership at any time.
Membership is not transferable.
By becoming a Member you agree that you have consented to receive emails from Lisa Marinucci in connection with this website, including (but not limited to) emails inviting you to participate in special offers and emails attaching the Lisa Marinucci newsletter.
Warranties
You acknowledge that the content on the Website (including things that you may see, read, hear, download or access on or via the Website) is subject to copyright and possibly other intellectual property rights.
You agree that the Lisa Marinucci logo and logos associated with the Lisa Marinucci Website are trademarks of Lisa Marinucci. All rights in those trademarks are reserved by Lisa Marinucci. Any other trademark appearing on the Website is the property of its respective owner.
Intellectual property and restrictions on use of Content on the website
All information, text, material, graphics, software and advertisements on the website ("Content") are Copyright ©2007Lisa Marinucci, its suppliers and/or licensors unless expressly indicated otherwise on the website. The Content is protected by Australian and international copyright and trademark laws. Content on the website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the website or expressly authorised in writing by Lisa Marinucci. Strictly on the condition that you keep all Content intact and in the same form as presented on the website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may: a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use the website in any manner or for any purpose which is unlawful or in any manner which violates any right of Lisa Marinucci or an affiliate or which is prohibited by the Terms of Use.
User licence to Lisa Marinucci
By providing Lisa Marinucci with any information or other material on the website (including messages, reviews of products, uploading files, inputting data or engaging in any other form of communication), you grant to Lisa Marinucci a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:
1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Lisa Marinucci and any other party authorised by Lisa Marinucci all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Lisa Marinucci, you will execute and deliver to Lisa Marinucci such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
Disclaimer and limitation of liability
The Trade Practices Act and similar state and territory Legislation in Australia (and in New Zealand), may confer rights and remedies on you in relation to the provision by Lisa Marinucci of goods or services on the website which cannot be excluded, restricted or modified ("Non-excludable Rights"). Lisa Marinucci does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) Lisa Marinucci and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) Lisa Marinucci does not warrant that the functions contained in any Content or any Communications Facility or your access to the website will be uninterrupted or error-free, that any defects will be corrected or that the website or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) Lisa Marinucci does not warrant or make any representation regarding your access to, or the results of your access to, the Network (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not Lisa Marinucci) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission on the part of Lisa Marinucci) will Lisa Marinucci be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the webpage or any Content, or the purchase of any product presented on the website.
To the fullest extent permitted by law, Lisa Marinucci’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Lisa Marinucci to the following:
• in the case of services supplied or offered by Lisa Marinucci, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
• in the case of goods supplied or offered by Lisa Marinucci (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.
Termination
The Terms of Use are effective until terminated by Lisa Marinucci, and Lisa Marinucci may terminate this agreement and your access to the website at any time without notice. In the event of termination, you are no longer authorised to access the website, but all restrictions imposed on you, licenses granted by you and all Lisa Marinucci disclaimers and limitations of liability set out in the Terms of Use will survive.
A Member may cancel membership by sending an email to enquiry@lisamarinucci.com.au inserting the words “Unsubscribe” in the subject line.
Lisa Marinucci may, at Lisa Marinucci’s absolute discretion, suspend, cancel or terminate a Membership, at any time and with immediate effect including without limitation suspension, cancellation or termination because, in Lisa Marinucci’s opinion, the Member no longer complies with the ongoing requirements as stated above and in these Terms of Use.
Miscellaneous
Lisa Marinucci relies on your continued observance of these Terms of Use. If Lisa Marinucci suffers any loss or damage or incurs any costs in connection with any breach by you of these Terms of Use or any other legal obligation then you agree to indemnify Lisa Marinucci for those losses, damages and costs.
This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
Lisa Marinucci is entitled to have an agent or contractor carry out all or part of the Lisa Marinucci website in its absolute discretion
All rights not expressly granted herein are reserved.
Membership
To become and remain a member, you must:
(a) apply and be accepted for Membership;
(b) correctly complete the information requested on the ‘Create an Account’ page and;
(c) Have an active, permanent email address so as to receive, among other things invitations, special offers, regular newsletters; and
There is a limit to the number of members. Lisa Marinucci may accept or reject an application to become a member at Lisa Marinucci’s absolute discretion and without giving reasons. If your application for Membership is unsuccessful for any reason whatsoever, you may reapply for Membership at any time.
Membership is not transferable.
By becoming a Member you agree that you have consented to receive emails from Lisa Marinucci in connection with this website, including (but not limited to) emails inviting you to participate in special offers and emails attaching the Lisa Marinucci newsletter.
Warranties
You acknowledge that the content on the Website (including things that you may see, read, hear, download or access on or via the Website) is subject to copyright and possibly other intellectual property rights.
You agree that the Lisa Marinucci logo and logos associated with the Lisa Marinucci Website are trademarks of Lisa Marinucci. All rights in those trademarks are reserved by Lisa Marinucci. Any other trademark appearing on the Website is the property of its respective owner.
Intellectual property and restrictions on use of Content on the website
All information, text, material, graphics, software and advertisements on the website ("Content") are Copyright ©2007Lisa Marinucci, its suppliers and/or licensors unless expressly indicated otherwise on the website. The Content is protected by Australian and international copyright and trademark laws. Content on the website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the website or expressly authorised in writing by Lisa Marinucci. Strictly on the condition that you keep all Content intact and in the same form as presented on the website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may: a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use the website in any manner or for any purpose which is unlawful or in any manner which violates any right of Lisa Marinucci or an affiliate or which is prohibited by the Terms of Use.
User licence to Lisa Marinucci
By providing Lisa Marinucci with any information or other material on the website (including messages, reviews of products, uploading files, inputting data or engaging in any other form of communication), you grant to Lisa Marinucci a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:
1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Lisa Marinucci and any other party authorised by Lisa Marinucci all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Lisa Marinucci, you will execute and deliver to Lisa Marinucci such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
Disclaimer and limitation of liability
The Trade Practices Act and similar state and territory Legislation in Australia (and in New Zealand), may confer rights and remedies on you in relation to the provision by Lisa Marinucci of goods or services on the website which cannot be excluded, restricted or modified ("Non-excludable Rights"). Lisa Marinucci does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) Lisa Marinucci and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) Lisa Marinucci does not warrant that the functions contained in any Content or any Communications Facility or your access to the website will be uninterrupted or error-free, that any defects will be corrected or that the website or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) Lisa Marinucci does not warrant or make any representation regarding your access to, or the results of your access to, the Network (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not Lisa Marinucci) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission on the part of Lisa Marinucci) will Lisa Marinucci be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the webpage or any Content, or the purchase of any product presented on the website.
To the fullest extent permitted by law, Lisa Marinucci’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Lisa Marinucci to the following:
• in the case of services supplied or offered by Lisa Marinucci, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
• in the case of goods supplied or offered by Lisa Marinucci (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.
Termination
The Terms of Use are effective until terminated by Lisa Marinucci, and Lisa Marinucci may terminate this agreement and your access to the website at any time without notice. In the event of termination, you are no longer authorised to access the website, but all restrictions imposed on you, licenses granted by you and all Lisa Marinucci disclaimers and limitations of liability set out in the Terms of Use will survive.
A Member may cancel membership by sending an email to enquiry@lisamarinucci.com.au inserting the words “Unsubscribe” in the subject line.
Lisa Marinucci may, at Lisa Marinucci’s absolute discretion, suspend, cancel or terminate a Membership, at any time and with immediate effect including without limitation suspension, cancellation or termination because, in Lisa Marinucci’s opinion, the Member no longer complies with the ongoing requirements as stated above and in these Terms of Use.
Miscellaneous
Lisa Marinucci relies on your continued observance of these Terms of Use. If Lisa Marinucci suffers any loss or damage or incurs any costs in connection with any breach by you of these Terms of Use or any other legal obligation then you agree to indemnify Lisa Marinucci for those losses, damages and costs.
This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
Lisa Marinucci is entitled to have an agent or contractor carry out all or part of the Lisa Marinucci website in its absolute discretion
All rights not expressly granted herein are reserved.
