TERMS OF USE

 

In General. In these Terms of Use, “we”, “us”, “our” or “Marinucci” owned by Marinucci Australia Pty Ltd. Access to and use of this Website and the goods and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Use”). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.


Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. This Website also contains links to other websites, which are not operated by Marinucci (the “Linked Sites”). Marinucci has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.


Prohibitions.  You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Marinucci will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.


Intellectual Property, Software and Content.  The intellectual property rights in all software and content made available to you on or through this Website remains the property of Marinucci or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Marinucci and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Marinucci. Reproduction of any content, design, layout, look, appearance or graphics contained in this website is prohibited.


All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorised use of this website may give to a claim for damages and/or be a criminal offense.


Linking to this Website.
  You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.


Disclaimer as to ownership of trade marks, images of personalities and third party copyright except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party goods, services and/or locations featured on this Website are in no way associated, linked or affiliated with Marinucci and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to Marinucci.


Indemnity You agree to indemnify, defend and hold harmless Marinucci, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms of Use.


Marinucci shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.


Complaints.  We operate a complaints handling procedure, which we will use to try to resolve disputes when they first arise. If you feel your privacy has been breached, please contact us setting out the circumstances and reasons for your complaint. Our team members will acknowledge receipt of your complaint within 24 hours, and will normally respond to your request within 5 business days.  If your complaint is complicated or requires further investigation our response may take additional time to finalise.


Waiver.  If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by a Director of Marinucci Australia Pty Ltd.

 

Entire Agreement.  The above Terms of Use constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Marinucci Australia Pty Ltd.

 

Ethical Sourcing Policy.  As a reputable and trusted business committed to offering its customers high quality goods, Marinucci recognises its obligation to ensure that suppliers are operating ethically. We expect our suppliers to consistently provide an environment which protects their employees’ health and safety and basic human rights.

 

Privacy Policy.  By using this Website, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy, and warrant that all data provided by you is accurate. At Marinucci we respect and recognise the importance of protecting the privacy rights of our customers and other third parties who provide their personal information to us. The personal information we collect from you is what is reasonably necessary for our business functions. We use industry standard security measures to safeguard and protect your information.  This includes taking reasonable steps to ensure your personal information is protected from misuse, loss, unauthorised access, modification or disclosure.

 

We collect your personal information for the primary purpose of being able to sell and promote our products to you (Purpose).  We collect your personal information so that we can carry out the following actions:
•    to provide you with products and services that you have requested from us;
•    to communicate with you, including about products and services, competition results, special offers, and events which might interest you;
•    to answer your questions and provide you with information or advice;
•    to interact with you via social media and digital marketing;
•    to create orders, transaction records, agreements for the sale of products or services, accounts, tax invoices or receipts;
•    carry out administration, marketing, planning, fraud and loss prevention activities, procurement, product and service development, quality control and research to improve the way Marinucci and service providers provide products and services to you;
•    to consider and respond to complaints made by you;
•    to comply with laws or regulations or to comply with any directions given by regulators or authorities; or
•    if you are a candidate for employment, to assess your suitability for a position at Marinucci.

If we are unable to collect your personal information, some or all of the following may occur:
•    we may be unable to provide products or services to you, to the requested standard or at all;
•    we may be unable to communicate with you to provide information about products and services that you have purchased from us, or may intend to purchase in the future;
•    we may be unable to tailor the content of our marketing communications to suit your preferences; or
•    your experience when interacting with us may be delayed or not as efficient as you may expect.

Direct Marketing
•    We may send you direct marketing communications and information about products and services offered by us or our retail brands, partners or suppliers.  This may include, but is not limited to, email, SMS, or regular mail, social media and other digital channels.
•    You may opt out of receiving marketing communications at any time by responding via the channel in which you received the marketing communication, or by contacting us.  You can unsubscribe from emails by clicking the unsubscribe link on the footer of the email communication you have received. 
•    We do not provide your personal information to any other organisations for the purposes of direct marketing.

You acknowledge that using any information or materials from this website is at your own risk and that we shall not be liable for that use. It remains your responsibility to ensure that all products, services and information used by you meet your specific requirements.


Your use of this website, and any dispute arising out of such use of the website, is governed under laws of the governments of New South Wales and Australia.

 

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