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Deanna Di Marzio Pty Ltd

TERMS AND CONDITIONS

The Website www.dimarzioboutique.com is owned and operated by Deanna Di Marzio Pty Ltd (ACN 147 337 095). “Deanna Di Marzio”, "we", "us" and "our" means Deanna Di Marzio Pty Ltd. Please read these terms and conditions carefully as they apply to your use of our website (Site) and the service (Service) offered by us on the Site as described in Service below. By using the Site and the Service you agree to be bound by these terms and conditions and any other rules posted on our Site. We may modify these terms and conditions from time to time so you should check back often. Revised terms and conditions take effect when they are posted – if they are unacceptable to you, you must stop using the Site and the Service. We recommend that you keep a copy of these terms and conditions for future reference.

SERVICE

Deanna Di Marzio is an aggregated retail and promotions web portal featuring multiple products, and services in the major categories of handbags, scarfs & accessories etc, all supplied by second party vendors. The Site provides you with the opportunity to research many fashion stockist’s promotions online, before proceeding to purchase items in-store.

USE OF THE SITE AND SERVICE

You use the Site and Service at your risk. You must evaluate and bear all risks associated with the use of any material or content, including reliance on the accuracy, completeness or usefulness of any material or content. We endeavour to provide a convenient and functional Site and Service for the purposes of researching fashion stockist’s stylebooks and promotions, but we do not guarantee that your requirements will be met or that any content will be uninterrupted, error free or that the Site and Service or the server that operates them are free of viruses or other harmful components. Deanna Di Marzio does not and cannot provide any warranty in relation to goods and services advertised for sale on the Site by third parties. While we may attempt to keep information on the Site and Service current and accurate, we do not make any warranties or representations about the currency or accuracy of any information on the Site or the Service. To the extent permitted by law, everything on the Site and in relation to the Service is provided to you "as is" and "as available" without warranty or condition of any kind, either express or implied, including but not limited to, any implied warranties of accuracy, merchantability, fitness for a particular purpose or non-infringement. We exclude all representations and warranties to the full extent permissible under applicable law.

REGISTRATION

To use certain features of the Site and the Service you may be required to register with us. Where you are required to register you must:

  • Provide us with accurate, complete and current registration information;
  • Safeguard any user name and password which we provide to you;
  • Authorise us to assume that any person using the Site or Service with your user name and/or password is either you or is authorised to act for you;
  • Not allow anyone else to use your user name and/or password where your user name and/or password is specific to you;
  • Immediately notify us of any unauthorised use of your user name and/or password or any breach of security of which you become aware.

You may cancel your registration at any time by notifying us. We reserve the right to discontinue or cancel your registration in our sole and absolute discretion without notice to you if you do not visit the Site or use the Service for an extended period of time, if you breach any of these terms and conditions or any applicable law or if we conclude that your conduct impacts on our name or reputation or violates our rights or those of another party.

YOUR POSTING

The Site and the Service may contain material or content uploaded, posted, emailed or otherwise electronically transmitted by users of the Site, including you. We reserve the right to access or examine any such material or content and at our discretion, move, remove or disable access to such material or content which we consider breaches any law or is otherwise unacceptable. You acknowledge that we may remove any material or content posted by you at our sole discretion and that we have no responsibility or liability for the deletion or failure to store any communications or content posted on the Site or through the Service. If you use the Site or the Service, you are solely responsible for any material or content posted by you. In using the Site or Service, you must not:

  • Violate any applicable laws;
  • Impersonate any person;
  • Post any material or content that infringes the intellectual property rights of any third party or post any material or content that you do not have the right to post; (a) is unlawful, harmful, threatening, abusive, misleading, invasive of another's privacy, harassing, defamatory, obscene or otherwise objectionable to any other person or entity; (b) contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters or any unsolicited mass distribution of email;
  • Distribute viruses, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software;
  • Collect or store personal data about other users of the Site or the Service;
  • Engage in any other conduct that inhibits any other person from using or enjoying the Site or the Service.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

  1. All material or content that you post is true, accurate and not confidential to or owned by any other person;
  2. You will not use the Site or the Service for any purpose that is unlawful or prohibited by these terms and conditions;
  3. All material or content posted by you is owned by you and our use of such material or content does not infringe or violate the intellectual property rights or any other rights of anyone else. You licence us to use, modify, adapt, publish, display, sub-licence, create derivative works from and incorporate in other works, any material or content posted by you, at any time in the future in any form and for any purpose and you warrant that you have the right to grant this licence.

COPYRIGHT

You acknowledge that the Site, the Service and all related Content (see Content below) are subject to copyright and possibly other intellectual property rights. Deanna Di Marzio grants you permission to access and use copyright material only for private purposes. All rights not expressly granted under these terms and conditions are reserved by us. You must not modify, copy, display, retransmit, distribute, sell, publish, broadcast or otherwise use the Site, the Service or any related Content other than in accordance with the rights granted to you under these terms and conditions. For reproduction or use of Deanna Di Marzio copyright material beyond such personal use, written permission must be obtained directly from Deanna Di Marzio or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner's name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.

TRADEMARK

Deanna Di Marzio, the Deanna Di Marzio logo, dimarzioboutique.com and other names of Deanna Di Marzio products and/or services referenced in these terms and conditions and the Site are trademarks or registered trademarks of Deanna Di Marzio. Other product and company names referred to on the Site may be the trademarks of their respective owners. You must not use our trademarks or registered trademarks in connection with any product or service that is not offered by us, or in any manner that may reflect negatively on us, the Site or the Service, or on the goodwill, name or reputation of us, the Site or the Service.

INTELLECTUAL PROPERTY RIGHTS

We retain all right, title and interest in and to the Site, the Service and all related content, and nothing you do on or in relation to the Site, the Service or any of the related content will transfer any intellectual property rights to you or (other than the rights expressly granted to you under these terms and conditions) licence you to exercise any intellectual property rights unless expressly stated by us.

CONTENT

In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Deanna Di Marzio tries to ensure that the information on this site is accurate and complete. Deanna Di Marzio does not promise that Deanna Di Marzio’s Content is accurate and error-free. Deanna Di Marzio does not promise that the functional aspects of the Site or the Service, or Deanna Di Marzio’s Content will be error free or that this Site or the Service, Deanna Di Marzio’s Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

INDEMNITY

You agree to defend, indemnify and hold harmless Deanna Di Marzio, our officers, directors, employees, agents, subcontractors, licensors and suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal fees, arising in connection with your use of the Site or the Service or resulting from, or alleged to result from, your use of the Site or the Service, or your violation of any of these terms and conditions.

LIMITS ON OUR LIABILITY

Certain rights and remedies may be available under the Trade Practices Act 1974 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, Deanna Di Marzio and its related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: (a) the re-supply of services or payment of the cost of re-supply of services; or (b) the replacement or repair of goods or payment of the cost of replacement or repair. We will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Site or Service or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage.

VARIATION OF THE SITE AND SERVICES

You acknowledge that we may, in our sole and absolute discretion and without any notice, vary, modify or discontinue, temporarily or permanently, any or all of the Site or the Service and you agree that we are not liable to you or any third party for such variation, modification or discontinuance.

LINKS AND ADVERTISEMENTS

Our Site often includes advertisements, hyperlinks and pointers to websites operated by third party fashion stockists. We have not reviewed all of these websites and are not responsible for the content or accuracy of any off-site pages or any other websites linked to the Site (including without limitation websites linked through advertisements). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk. Your correspondence or dealings with, or participation in promotions of advertisers on these websites are solely between you and such advertisers.

PRIVACY POLICY

In using the Site and the Service, you may give us personal information in which you have certain rights. By using the Site and the Service, you grant us consent to use your personal information in accordance with our privacy policy and you acknowledge that this forms part of these terms and conditions. Please click on this link to view our privacy policy.

TERMINATION OF USE

If you breach, or we reasonably believe you have breached these terms and conditions, or if we determine - or have reason to believe - you are engaging in conduct that breaches any law or regulation or infringes upon our rights or the rights of any other person, we may deactivate, cancel, suspend or terminate any aspect of your use of the Site or the Service without notice to you. We will have no further obligation to you. Except as specifically provided for in these terms and conditions, upon deactivation, cancellation, suspension or termination, you will not be entitled to any compensation or damages, nor will you be relieved of any obligation you agreed to or incurred during your use of the Site and the Service.

GENERAL

  • If any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
  • These terms and conditions are governed by the laws of New South Wales, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
  • These terms and conditions constitute the entire agreement between us and you in relation to the Site and your use of the Service and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral or written, between us and you in relation to the Site and the Service.
  • Your use of the Service is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Service, including sending you electronic notices.
  • The provisions of these terms and conditions which by their nature survive termination or expiry of these terms and conditions will survive cancellation of your registration or termination or expiry of these terms and conditions.
 
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