TERMS & CONDITIONS
This Site is created and controlled by us in the State of Victoria, Australia. As such, the laws of the Commonwealth of Australia and, and where applicable, the State of Victoria, will govern these Terms and Conditions. By using this Site you submit to the jurisdiction of the courts of Victoria and Australia and agree that any legal action will only be commenced in these forums.
We may from time to time modify these Terms and Conditions, other policies, or the content of the Site, without notice. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. You should read the Terms and Conditions before placing an order online and check back often. If you do not agree to any change, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order however, unless we are required to make the change by law. We do not promise to continue to offer or maintain the Site online. We may withdraw it from use in accordance with our business strategy from time to time. Accordingly we may, with or without prior notice, terminate any or all of the rights granted by these Terms and Conditions.
Accuracy of information
We attempt to be as accurate as possible when describing our products and services on the Site, however, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colours, ingredients, information or other content available on or via the Site are accurate, complete, reliable, current, available or error-free.
In order to make purchases through this Site, you will be requested to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details. By entering your payment details you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
The Site is available only to individuals who have been issued a valid credit card by a bank acceptable to MAARKS, applications must be acceptable to MAARKS and have authorised MAARKS to process a charge or charges on their credit card in the amount of the total purchase price for the goods or services.
If you register on the Site, you will have an email address/username and password for your My MAARKS account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm or loss caused by any wrongful use of the Site or Content resulting from such access or use.
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.
Prices shown on the Site are in Australian Dollars (AUD) and are inclusive of GST. Prices are subject to change effective immediately upon posting to the Site or other form of notification.
Acceptance of your order & intended use
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order or booking, and completion of the contract between you and MAARKS will be completed when we (or our authorised agents) email you to confirm the goods have been dispatched and have been handed over to Australia Post. Completion of orders is subject to availability of the goods and/or services. The contract for the supply of goods (as the context permits) is concluded in Victoria, Australia.
We reserve the right not to accept your order in the event that we are unable to obtain authorisation for payment, that the item ordered is out of stock, the services are unavailable or that you do not meet the eligibility criteria set out, or otherwise contemplated, within the Terms and Conditions.
MAARKS reserves the right to restrict multiple quantities of an item, or restrict the number of items being shipped to any one customer or postal address.
By placing an order with MAARKS you agree to use the products only for their intended purpose. If you use the products for any other purpose you will assume full responsibility for any loss or damage arising out of this use.
Intellectual property rights
The Site and its “look and feel”, all of its information, graphics, headers, button icons, photographs, content, image rights, sounds, music, video, audio or text on this Site, and all intellectual property rights contained in each of the foregoing, including, without limitation, designs, graphics, logos, button icons, data compilations and software, and the compilation and organisation thereof (collectively the “Content”), are owned by, and is the property of, MAARKS Lip. These intellectual property rights are protected by Australian and international laws, including laws governing copyright.
Your use of the Content grants no rights to you in relation to any copyright, designs or any other intellectual property or material rights relating to the Content or any portion of the Site. This includes, without limitation, MAARKS Software and all HTML and other code contained in this Site.
You are permitted to use the Content only as expressly authorised by MAARKS Lip, and subject to the Copyright Act 1968 and other related legislation. Any reproduction, redistribution, duplication, copying, selling, accessing, modifying or otherwise exploiting, of the above listed Content, in whole or in part, for any purpose without our express consent is prohibited. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
Representations & warranties
The advice and information contained within the Site is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions. While every effort is taken to ensure that the information contained within the Site is accurate, MAARKS takes no responsibility for any loss or damage arising from its use.
MAARKS does not promise that the Site and Content is error-free 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.
The Site is presented “as is” and we make no representations or warranties of any kind whatsoever in connection with these Terms and Conditions or the Site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not able to be excluded at law.
You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, relate to:
- your breach or non-observance of any term of these Terms and Conditions;
- any breach or inaccuracy in any of your representations or warranties; or
- your use of the Site.
No commercial use
This Site (and any goods purchased on or via the Site) is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products or services contained within, on or via this Site. You may not use this Site (and any goods purchased on or via the Site), or any of its content, to further any commercial purpose, including, without limitation, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise.
Use of information
If you upload or otherwise provide any information or content (“User Content”) in the course of accessing or using the Site, you agree that such User Content will be available to us to use in any manner we think fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any User Content which:
- is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, violent, degrading;
- infringes the intellectual or other proprietary interests of third parties;
- contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Site or otherwise breaches or encourages other users to breach these Terms and Conditions;
- violates any law, statute or regulation;
- forges information to disguise the origin of any User Content; or
- encourages or incites any other person to engage in any of the above behavior.
Breach & termination
If, in our reasonable opinion, you breach any provision of these Terms and Conditions we may temporarily suspend or terminate your access to all or parts of the Site by MAARKS without notice. In any event, we may terminate these Terms and Conditions (and your right to use the Site) at any time and for any reason without prior notice to you.