Website Terms and Conditions
Effective Date: 15 January 2023
Welcome to www.dianneyarwood.com (Site).
This Site is owned and operated by DIANNE YARWOOD (ABN: 47 336 320 331) trading as DIANNE YARWOOD (referred to in these terms as “we”, “us”, and “our”). Please take the time to read the terms of use that are applicable to your use and enjoyment of this Site and the content made available to you via this Site and our social media channels, as well as your purchase of any products from our online store (“Terms”). These Terms, together with our Privacy Policy, apply to all Site visitors, subscribers, customers, and other users of our Site (“user”, “you” and “your”).
ACCEPTANCE OF TERMS
By accessing and using this Site, our social media channels and any other materials made available to you on this Site, you are taken to accept our Terms. In doing so, you warrant that you:
are over 18 years of age and have the legal capacity to enter into a legally binding contract;
have read and accepted these Terms; and
will comply with these Terms.
CHANGES TO THESE TERMS
We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site. If at any time you choose not to accept these Terms, you should not access our Site.
Your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.
INTELLECTUAL PROPERTY
Our Site contains intellectual property owned by us, and/or by third parties that license the content to us (“Third Party Licensed Intellectual Property”), including, without limitation, products, trade marks, copyrights, proprietary information, designs, patents, business names, logos, images, designs, copy, videos, audio files, graphics, other files, and software (“Content”). Your use of and access to our Site and its Content does not grant or transfer any rights, title or interest in it to you.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Site or its Content in whole or in part without our prior written consent. We reserve the right to immediately revoke your access to our Site and its Content, without refund, if you are found to be violating these Terms.
LINKS TO OTHER WEBSITES
Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control or approve of, nor are we responsible for, the content on those sites. It’s up to you to decide if those sites and their content are suitable for you.
PRIVACY
These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed here. By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us by means of electronic transmission.
You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means, your agreement will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.
INFORMATION AND ADVICE
Any information provided on our Site, through blog posts, product descriptions or any other content, is of a general informational nature only and is not intended to constitute or replace professional advice for individual or specific situations. We do not purport to be any type of licensed professional and cannot be held liable for any reliance on the information we provide, either on our Site or through our products.
We do not accept responsibility for determining whether our products are appropriate for you. We reserve the right to deny service and refund the cost of that product for any reason, including where we believe that the product would be dangerous or not appropriate for you, or we believe that further professional advice should be sought.
The sale of products on our Site or reference to any other products does not constitute endorsement or recommendation of said products unless explicitly stated otherwise.
SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA
We always appreciate interaction on our social media channels and feedback about our Site and our products. You may be invited to submit a review after you have made a purchase, or you can comment on our blog or interact with us via our social media channels. We love to hear from you!
Where you do decide to submit such feedback, comments or content, you:
warrant that you are the sole author and owner of the intellectual property and any other rights in that content (or have the right to use that content with appropriate consents and permissions);
give us permission to post or otherwise use that feedback on our social media or other channels;
waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the content you provide us with;
warrant that the content does not violate these Terms; and
warrant that you are at least 18 years old.
We reserve the right to remove a review or comment if it:
contains libelous or otherwise unlawful, abusive or obscene material;
attacks our employees or another contributor;
contains material that discloses your personal information; or
is unrelated to the post or content that you have reviewed or commented on.
Our Site and social media channels may feature user reviews of the products as well as blogs by guest bloggers. These reviews and the content of the guest blogs in no way represent our views or opinions, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any user or guest blogger.
COMPETITIONS
We may from time to time run competitions through our Site and/or through our social media channels. Your participation in those competitions is subject to these Terms and any terms and conditions that are specific to each competition.
TESTIMONIALS
On our Site, we present real life examples of and insights into other people’s experiences for illustrative purposes only. Any results personally achieved are due to the individuals’ unique situations. These testimonials demonstrate what can be possible, but are not intended to represent or guarantee that any current or future customers will achieve the same or similar results.
PROHIBITED USE
In addition to any other prohibitions, you must not, under any circumstances:
use our Site or its content for any unlawful purpose, including to solicit others to perform or participate in any unlawful acts or violate any international, federal, or state regulations, rules, laws, or local ordinances;
attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displayed on our Site;
hack into any aspect of the Site, corrupt data, or cause annoyance to other users;
infringe upon the rights of any 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 Site.
WARRANTIES AND DISCLAIMERS
This Site is provided on an as is basis, and to the fullest extent permitted by law, we make no representations or warranties about our Site and/or the products we sell, including that:
they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
there is no possibility of failure to store communications or other data.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, in no event are we responsible for any losses or expenses, however arising, including, without limitation, any direct, indirect and/or present, unascertained, future or contingent loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and/or our products, your inability to access our Site, interruption or outage of our Site or any inaccurate, incomplete or out-of-date content provided on our Site. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
OUR RIGHT TO BE INDEMNIFIED BY YOU
To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.
BREACH AND TERMINATION
The agreement constituted between us by your use of our Site may be terminated where you breach any provision of these Terms, or at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access our Site.
SEVERABILITY
If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, said provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
CEASING OUR WEBSITE
We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
ASSIGNMENT
We are permitted to assign or otherwise transfer our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign or otherwise transfer your rights and/or obligations under these Terms.
ENTIRE AGREEMENT
These Terms (together with our Privacy Policy) constitute the entire understanding and agreement between us and you in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.
GOVERNING LAW AND JURISDICTION
All Terms shall be construed in accordance with and governed in all respects by the laws of the State of NSW, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as efficiently and cost-effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of the State of NSW, Australia.