Terms & Conditions

Welcome to our website. This website is owned and operated by Marinucci Australia Pty Ltd (ABN 73 117 636 825(Marinucci, we, our or us).

It is available at: www.marinucci.com.au (Site)

These Terms of Use (Terms) govern your, the person, organisation or entity that uses our Site (referred to as you or your) use of our Site and form a contract between you and us if you use the Site. Please read these Terms carefully. If you have any questions, please contact us using the contact details below. Your use of the Site indicates that you have had sufficient opportunity to access these Terms and that you have read and agreed to these Terms.

Payment: You must enter your payment details at the time you place your order. We accept the following paynment methods: Visa & Mastercard.

Information: The information, including statements, opinions and documents, contained in this Site (Information) is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. Any reliance you place on the Information is at your own risk.  Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.

Amendment: The Information and Terms may be amended without notice from time to time in our sole discretion. Your use of our Site following any amendments indicates that you accept the amendments. You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Site if you accept and will comply with the new Terms.

Your warranties: You warrant to us that you have the legal capacity to enter these Terms and form a contract, and that you have read and understood these Terms, before using the Site.

Prohibited conduct: You must not:

     (a)  Use the Site for any activities, or post or transmit any material from the Site:

  • unless you hold all necessary rights, licences and consents to do so;
  • that infringes the intellectual property or other rights of any person;
  • that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
  • that defames, harasses, threatens, menaces, offends or restricts any person;
  • that is or could reasonably be, considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
  • that breaches any standards, content requirements or codes from any relevant authority;

that solicits passwords or personal information for commercial or unlawful purposes or provides any telephone number, street addresses, last names, URLs or email addresses; or that would bring us, or the Site, into disrepute;
     (b) Interfere with or inhibit any user from using the Site;
     (c)  Use the Site to send unsolicited email messages;
     (d)  Attempt to or tamper with, hinder or modify the Site, knowingly or unknowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or
     (e) Facilitate or assist another person to do any of the above acts.

Copyright and intellectual property rights: Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, appearance, layout and look of our Site. We own the copyright which subsists in all creative and literary works displayed on the Site.

 All right, title and interest in all intellectual property rights in all Marinucci’s brands, logos, images, buttons, codes, layout, text, content and products and services as displayed on the website are the property of Marinucci and will remain or be vested in Marinucci at all times.

You agree that, as between you and us, we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property rights. Your use of the Site does not grant you a licence to, or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed on the Site without the express written permission of the owner.

You must not breach any copyright or intellectual property rights connected with the Site. This includes but is not limited to:

      (a) altering or modifying any of the code or the material on the Site;
      (b) causing any of the material on the Site to be framed or embedded in another website;
      (c) creating derivative works from the content of the Site; or
      (d) using the Site for commercial purpose

Republishing: You may republish, copy, distribute, transmit, or publicly display (in hard copy, soft copy or online) material on the Site on the following grounds:

      (a) you must make no alterations to the material;
      (b) you must attribute the material to our Site, including linking back to our Site where possible; and
      (c)  you must not do so in a way that could reasonably be, considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy, or that would bring us, or the Site, into disrepute.

Privacy: We are committed to protecting your privacy. Please read our Privacy Policy which is available on the Site. By agreeing to these Terms, you agree to our Privacy Policy.

Third party information: The Site may contain third party information, including but not limited to links, user comments, guest articles and advertisements (Third Party Information). Third Party Information may not be current or maintained. We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information and are not responsible for the content of Third Party Information. You should make your own investigations with respect to the suitability of Third-Party Information for you rely on such information entirely at your own risk.

To the extent that any third party websites collect personal information or contributions from you, we bear no responsibility or liability for the manner in which such information is used or exploited. Please refer to the relevant third party privacy policy on how personal information is collected, used and disclosed by that third party.

Reservation of rights: We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third-Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.

Delays and outages: We are not responsible for any delays or interruptions to the Site. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Site will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site. To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental and/orspecial including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Site.

To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.

Nothing in these Terms limits our liability for personal injury or death caused by our negligence, fraud or any matter that cannot be limited or excluded by law. Nothing in these Terms affects your statutory rights.  You may have certain protections under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law.

As a business, these rights exist when you buy goods or services for your business which are under AUD$40,000, or over AUD$40,000 which are normally bought for personal, domestic or household use or consumption.

Your business will be considered a consumer and entitled to certain remedies under the consumer guarantees if something goes wrong.

The Australian Consumer Law also protects small businesses from unfair terms in standard form contracts where you are a business which employs less than 20 people, including casual employees employed on a regular and systematic basis and you pay us no more than AUD$300,000 or AUD$1 million if the contract is for more than 12 months.

Disclaimer: To the maximum extent permitted by law, this Site is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose.

We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time.

While we endeavour to keep the Site and Information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:

      (a)  the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose;
      (b) Third Party Information; or
      (c) Third Party Sites.

You read, use, and act on information contained on the Site, Third Party Information and/or Third-Party Sites, strictly at your own risk.

Indemnity: By using the Site, you agree to defend and fully indemnify and hold us (and our officers, directors, employees, contractors and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:

      (a) your use of or access to the Site;
      (b) any breach by you of these Terms; or
      (c)  any wilful, unlawful or negligent act or omission by you.

This defence and indemnification obligation will survive these Terms and your use of the Site. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

Exclusion of competitors: You are prohibited from using the Site, including the Information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain and hold you accountable for any profits that you may make from non- permitted use. We reserve the right to exclude any person from using the Site and Information, in our sole discretion.

Enforceability: If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these Terms in that jurisdiction. This will not affect the remainder of these Terms, which continue in full force and effect.

Further assurances: Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in the Terms will survive.

Disputes: You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.

Jurisdiction: Your use of the Site and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia. These Terms are governed by the laws of New South Wales (NSW) and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in NSW.

The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.

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