PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE.
By accessing or using any part of this website, you agree to be bound by these Terms and Conditions. If you do not agree to all of the terms and conditions of this agreement in full, do not use this website.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
TERMINOLOGY
The following terminology applies to these Terms and Conditions.
Throughout the website:
“Terms of Use”, “Terms of Service”, “Terms” refer to the Terms and Conditions and accepting the Terms and Conditions.
“Marie Clair” and “Marie” refers to Marie Clair.
“We”, “us”, “our”, “ourselves”, “clinic” and “company” refers to Marie Clair.
“You”, “your”, “client”, “customer”, “user” and “visitor” refers to you, the person accessing this website.
“Party”, “parties” or “us”, refers to both the client and the company, or either the client or the company.
“Service” and “Services” refers to accessing, using or purchasing any and all content, information, resources, materials, products, services, tools on this website.
REPRESENTATION
By agreeing to these Terms and Conditions you represent that you are 18 years of age or older.
OVERVIEW
This website is operated by Marie Clair (“Marie Clair”).
Marie Clair offers this website, including all content, information, resources, materials, products, services, tools from this website, to you, the user, conditioned upon your acceptance in full of all terms, conditions, policies and notices stated here.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of this website, you agree to be bound by these Terms and Conditions. If you do not agree to all of the terms and conditions of this agreement in full, then you may not access the website or use any Service.
By accessing or using our website and/or purchasing something from us, you engage in our Service and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms of Use”, “Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of this website, including without limitation users who are browsers, visitors, customers, vendors, merchants, and/or contributors of content.
Any new content, information, resources, materials, products, services, tools which are added to the current website will also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of the Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to this website following the posting of any changes constitutes acceptance of those changes.
USER RESTRICTIONS
This website is for your personal, non-commercial use only. You are granted permission to access and use this website for information purposes only. Any other use, in part or whole, is prohibited. You may not reproduce, duplicate, copy, modify, iframe distribute, sell, resell, publish, license, or exploit any part or portion of this website.
TRADEMARKS AND COPYRIGHTS
All content on this website is the property of Marie Clair and is protected by Australian and international copyright laws. All software used on this website is the property of Marie Clair and is protected by Australian and international copyright laws. All content appearing on this website including, but not limited to, trademarks, trade names, logos, text, data, audio, images, graphics, digital downloads, are the sole property of Marie Clair (or its partners or its suppliers), and are protected by Australian and international copyright laws.
Without prior express written permission by Marie Clair, the use or misuse of any trademarks, trade names, logos, text, data, audio, images, graphics, digital downloads, intellectual property or content from this website is prohibited. All content on this website is owned and held by Marie Clair. Any misuse in any form may be liable for legal action.
GENERAL CONDITIONS
You may not use our Service for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction including but not limited to copyright laws.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms and Conditions will result in an immediate termination of your use of the Services.
You agree not to reproduce, duplicate, copy, modify, iframe, distribute, sell, resell, publish, license, or exploit any part or portion of this website or the Service, access to the Service, or use of the Service, or any contact on the website through which the Service is provided, without prior express written permission by Marie Clair.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.
SERVICES
“Service” and “Services” refers to accessing, using or purchasing any and all content, information, resources, materials, products, services, tools on this website. Our Service may be available online exclusively through the website.
We reserve the right to refuse Service to anyone for any reason at any time. We reserve the right, but are not obligated, to limit the use or sale of our Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Service that we offer. All descriptions of Service are subject to change at anytime without notice, at the sole discretion of Marie Clair. We reserve the right to discontinue any Service at any time. Any offer for any Service made on this website is void where prohibited.
We do not warrant that the quality of any content, information, resources, materials, products, services, tools accessed, obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.
This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to this website.
MODIFICATIONS TO SERVICE AND PRICES
Prices for our Service are subject to change without notice. We reserve the right at any time to modify or discontinue our Service (or any part or content thereof) without notice at any time. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of our Service.
PERSONAL INFORMATION
Your submission of personal information through this website is governed by our Privacy Policy. You understand that your content (not including credit card information), may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
OPTIONAL TOOLS
We may provide you with access to third party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of optional third party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider/s.
We may also, in the future, offer new Service and/or features through our website (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms and Conditions.
THIRD PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties. Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party content or websites, or for any other materials, products or services of third parties.
We are not liable for any harm or damages related to the purchase or use of products, services, materials, resources, or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If at our request you send certain specific submissions (for example content entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and will be under no obligation (i) to maintain any comments in confidence; (ii) to pay compensation for any comments; or (iii) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Service descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using this website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove Service for indefinite periods of time or cancel Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, our Service is at your sole risk. Our Service and the delivery of our Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case will Marie Clair, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our Service or any products procured using our Service, or for any other claim related in any way to your use of our Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our Service or any content or product posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Marie Clair and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms and Conditions, such determination will not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Service, or when you cease accessing and/or using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this website or in respect to our Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions will not be construed against the drafting party.
GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Service will be governed by and construed in accordance with the laws of Victoria, Australia.
CHANGES TO TERMS AND CONDITIONS
You can review the most current version of these Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
CONTACT INFORMATION
If you have any questions about these Terms and Conditions please Contact Us.