About this Terms of Service

Marion's Kitchen Australia Pty. Ltd. (14146483490) (“Marion's Kitchen Australia”, “we”, “us”, and “our”) offers access to and use of its proprietary online platform accessible from the website and associated domains of https://shop.marionskitchen.com, as may be updated from time-to-time, including any successor or affiliated websites and domains (the “Service”). Any access to or use of the Service is subject to the terms, conditions, policies and notices stated herein (the “Terms of Service” or “Terms”).

Please read these Terms of Service carefully before accessing or using our Service. By using the Service, including by making any purchase through the Service, you agree to be bound by the Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Service, including without limitation users who are browsers, vendors, customers, sellers, and/or contributors of content. If you do not agree to the entirety of the Terms of Service, then you may not access the Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the Service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service 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 the website following the posting of any changes constitutes acceptance of those changes.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized 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 will result in an immediate termination of your access to the Service.

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view pages within the Service. To the extent that the Service provides access to any online software, applications or other similar components, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components only within the Service and only in the form found within the Service.

All rights granted to you under these Terms are subject to your compliance with the Terms in all material respects and may only be exercised by you for your personal, non-commercial use or internal business purposes.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services 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 products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

You agree to provide current, complete and accurate purchase and account information for all purchases made through the Service. 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. You may not share your account or password with anyone. You are fully responsible for all activities that occur under your account, whether or not you authorized the particular use or user, and regardless of your knowledge of such use. You agree to notify us immediately of any unauthorized use of your account or password or any other similar breach of security.

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 e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

If, at our request, you send us certain specific submissions (for example contest entries) or without a request from us you send us 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 send to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

You acknowledge and agree that all information, data, data records, databases, text, software, music, sounds, photographs, images, graphics, videos, messages, scripts, tags and other materials accessible through the Service, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not Marion’s Kitchen Australia, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Service (“Your Content”), and other users of the Service, and not Marion’s Kitchen Australia, are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through the Service (“User Content”). You grant Marion’s Kitchen Australia and its service providers an irrevocable, perpetual, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made Your Content (in any form and any medium, whether now known or later developed) for any lawful purpose. Additionally, you irrevocably waive, and cause to be waived, against Marion’s Kitchen Australia, its service providers, and its users any claims and assertions of moral rights or attribution with respect to Your Content.

To the extent you have made Your Content accessible to others through the Service, you acknowledge and agree that we may continue to make Your Content, and associated Content, accessible to others through the Service even after you have deleted your user account.

You will not: upload, post, email, store, transmit, or otherwise make available any Content that:

1. is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or otherwise objectionable;
2. may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement);
3. infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party;
4. consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages, or any other form of solicitation;
5. contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
6. contains infringing, libelous, or otherwise unlawful or tortious material; or
7. consists of information that you know or have reason to know is false or inaccurate.

We may, but have no obligation to, (i) monitor, edit or remove Content within the Service that we determine in our sole discretion to be a violation of these Terms and (ii) restrict or remove your future access to the Service if you violate the preceding subsection (i), as determined in our sole and absolute discretion. Our failure to enforce any of the above restrictions or guidelines shall not act as a waiver for any future enforcement, will not be considered a breach of these Terms, and does not create a private right of action for any other party.

To the extent that you submit any Content or Comments, you represent and warrant that Your Content or Comments do not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your Content or Comments do not contain libelous 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 e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of Your Content or Comments. You are solely responsible for Your Content and Comments you make and their accuracy. We take no responsibility and assume no liability for Your Content or Comments, or any Content posted by any third party.

In addition to any rights we may have in Your Content or Comments, by posting content, including but not limited to photographs, videos, comments, and your applicable social media handle to Marion’s Kitchen Australia-labeled social media, posting such content to your social media accounts using the tag #marionskitchen, or otherwise associating such content with the tags #marionskitchen or other hashtags sponsored or affiliated with Marion’s Kitchen Australia (“Social Media Content”), you grant Marion’s Kitchen Australia and any of its third-party content management providers (collectively, the “Licensing Parties”) a perpetual, irrevocable, royalty-free, non-exclusive, transferable, sublicensable right and license to display, copy, publish, distribute, transmit, print, create derivative works from, alter, edit and/or use your Social Media Content in any manner to be determined in Marion’s Kitchen Australia’s sole discretion, including but not limited to on webpages and social media channels operated by Marion’s Kitchen Australia, and for other marketing and promotional purposes, in any media now or hereafter known, with no obligation to you whatsoever. To the extent your social media username, real name, image, appearance, voice, likeness, caption, location or other identifying information (“Identifying Information”) are included as part of your Social Media Content, you hereby grant the Licensing Parties the right and license to use such Identifying Information in connection with any use of your Social Media Content. We will make commercially reasonable efforts to credit you for any such Social Media Content by posting your handle or byline, however we make no assurance to do so and you agree that we are not required to do so.

When you use the hashtag #marionskitchen or other hashtags sponsored or affiliated with Marion’s Kitchen Australia, you represent and warrant that (i) you own all rights in and to your Social Media Content, or are not aware of any third-party rights that must be obtained to grant the Licensing Parties the rights provided herein; (ii) all person(s) appearing in your Social Media Content have granted permission for the uses and rights described herein; (iii) you are of legal age to consent to this agreement; and (iv) you are not aware of any reason why the use of your Social Media Content by the Licensing Parties as described herein will violate the rights of any third party or any law. You agree you will not post or encourage others to post Social Media Content that is unlawful, harassing, defamatory, obscene, libelous, or otherwise objectionable.

Except with respect to Your Content, you acknowledge and agree that, as between you and Marion’s Kitchen Australia, Marion’s Kitchen Australia owns all rights, title and interest (including all intellectual property rights) in the Service and all Content and other materials within the Service. The Service is protected by Australia and international copyright, trademark, patent and other intellectual property laws and treaties. Either reserve all rights not expressly granted to you.

You acknowledge and agree that by accessing or using the Service, we may receive certain information about you, including personal information, and we may collect, use, disclose, store and process such information in accordance with our Privacy Policy.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product 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.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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.

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR 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 THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ , ‘AS AVAILABLE’ , AND WITH ALL FAULTS, 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 SHALL MARION’S KITCHEN AUSTRALIA OR 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 THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE 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 THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. OUR MAXIMUM TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS (INCLUDING TORT CLAIMS) ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL PAYMENTS MADE BY YOU TO MARION’S KITCHEN AUSTRALIA HEREUNDER.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You agree to indemnify, defend and hold harmless Marion’s Kitchen Australia and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim, demand, loss, damage, cost, liability and expense, including reasonable attorneys’ fees, resulting from or arising out of (1) your violation of these Terms of Service (including the documents incorporated by reference herein), any law or regulation, or any rights (including intellectual property rights) of another party, (2) Your Content, or (3) your use of the Service.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms 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 Services (or any part thereof).

Any provision that, by its terms, is intended to survive the termination of these Terms of Service shall survive such termination and the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The 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 of Service).

These Terms of Service may not be amended by you except in a writing executed by you and an authorized representative of Marion’s Kitchen Australia. You may not assign or delegate any right or obligation under the Terms of Service without the prior written consent of Marion’s Kitchen Australia.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party and the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.”

Any prevention of or delay in performance by Marion’s Kitchen Australia hereunder due to labor disputes, acts of god, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the Terms.

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service 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 of Service constitutes acceptance of those changes.

If you believe that your work has been made available through the Service in a way that constitutes copyright infringement, please provide Marion’s Kitchen Australia’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within Marion’s Kitchen Australia Service; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Marion’s Kitchen Australia’s Agent for Notice of Copyright Claims can be reached as follows:

Marion's Kitchen Australia Pty. Ltd.

Address: 35 Hay Street, Tewantin, Queensland, 4565, Australia

Email: support.au@marionskitchen.com

Questions about the Terms of Service should be sent to us at support.au@marionskitchen.com