Disclaimer

Site:

  • AilynMartinez.com does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on this Site (“Information”) or that it is suitable for your intended use.  The Information is provided by AilynMartinez.com in good faith on an “as is” basis without warranty of any kind.
  • AilynMartinez.com does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects.  The use of this Site and the Information is at your own risk.
  • AilynMartinez.com makes no warranties, guarantees or representations that the material in this Site will not cause damage or that the material is free from any computer virus or other defects.  It is your responsibility to complete a virus check on any Information downloaded.
  • All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of this Site or the Information is expressly excluded to the maximum extent permitted by law.
  • Although AilynMartinez.com takes all reasonable steps to ensure that the Site is available 24 hours a day 7 days a week, AilynMartinez.com will not be liable for any down time when the Site is not available for access.

Products:

  • Use of the Products does not in itself equate to compliance with applicable laws and regulation.
  • You acknowledge that you have not made known either expressly or by implication to AilynMartinez.com any purpose for which you require the Products and you have the sole responsibility of satisfying yourself that the Products are suitable for your use.
  • AilynMartinez.com recommends that you obtain advice as to the suitability of the Products to your needs.
  • AilynMartinez.com does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the Products or that they are suitable for your intended use.  The use of the Products is at your own risk.
  • AilynMartinez.com does not warrant or represent that the Products are free from human or mechanical error, technical inaccuracies or other defects.
  • Products may include material from third party authors or suppliers.
  • You agree that AilynMartinez.com is not responsible for examining or evaluating the content or accuracy of the third party material and AilynMartinez.com does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.
  • Changes are periodically made to the Products. AilynMartinez.com, its authors or its suppliers may make changes to Products at any time in their sole discretion without notice or liability.
  • AilynMartinez.com reserves the right to suspend, remove or disable access to Products at any time without notice or liability.

LIMITATION OF LIABILITY

  • AilynMartinez.com will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Information on this Site.  Under no circumstances will AilynMartinez.com be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits.  Where liability cannot be excluded, any liability incurred by AilynMartinez.com is limited to the re-supply of the Information on the Site or the reasonable costs of having the Information re-supplied.
  • Except as these Terms of Use specifically state, or as contained in any express warranty provided in relation to the Products or the Information, the agreement for the supply of Products from AilynMartinez.comto you does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Products or Service or any contractual remedy for their failure.
  • If you are a consumer as defined in the Australian Consumer Law Schedule of the Competition and Consumer Act (“ACL”), nothing in these Terms of Use restricts, limits or modifies your rights or remedies against AilynMartinez.com for failure of a statutory guarantee under the ACL.
  • If clause above dealing with ACL does not apply, then other than as stated in these Terms of Use or any written warranty statement, AilynMartinez.com is not liable to you in any way arising under or in connection with the sale, use of, storage or any other dealings with the Products or Service by you or any third party.
  • AilynMartinez.com is not liable for any indirect or consequential losses or expenses suffered by You or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed under the ACL.
  • Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified.
  • You acknowledge that you have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by AilynMartinez.com in relation to the Products or Information or their use or application.

PRICING AND PAYMENT

  • Prices displayed for the supply of Products include the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended (“GST”), and any other taxes or duties imposed on or in relation to the Products.
  • Payment for the Products must be made strictly by credit card (unless advised otherwise) immediately upon confirmation of your order. You will not be able to receive the Products until payment is received.
  • Products listed on the Site are subject to availability.
  • In the case of non-availability of Products, AilynMartinez.com will refund to you the purchase price.

DELIVERY

  • AilynMartinez.com will mail (or email, where applicable) the Products when they become available.
  • Any period or date for the delivery of Products stated by AilynMartinez.com is an estimate only and not a contractual commitment.
  • AilynMartinez.com will use its reasonable endeavours to meet any estimated dates for the receipt of the Products by You but will not be liable for any loss or damage suffered by you or any third party for failure to meet any estimated date.
  • You must advise AilynMartinez.com in writing within 48 hours after receiving the product of any issues.

CANCELLATION

  • If AilynMartinez.com is unable to deliver or provide the Products, then it may cancel your order (even if it has been accepted) by notice to you. In such circumstances, AilynMartinez.com will refund you the purchase price.
  • No purported cancellation or suspension of an order or any part of it by you is binding on AilynMartinez.com once the order has been accepted and payment confirmed.

THIRD PARTY MATERIAL

  • Certain Information may include material from third parties.
  • You agree that AilynMartinez.com is not responsible for examining or evaluating the content or accuracy of the third party material and AilynMartinez.com does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.
  • You agree that you will not use any third party material in a manner that would infringe or violate the rights of any other party and that AilynMartinez.com is not in any way responsible for any such use by you.

INTELLECTUAL PROPERTY (SITE)

  • © Ailyn Martinez Pty Ltd 2016.  All rights reserved.
  • You acknowledge and agree that all content, coding, graphics, and Information available on this Site is protected by copyright, trade mark or other intellectual property rights and laws and remains the property of AilynMartinez.com or third party suppliers as the case may be.
  • No part of the Information may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without AilynMartinez.com’s prior written consent.  However, you may download and print these Terms of Use and the Privacy Policy for your personal non-commercial use.
  • All trade marks and trade names which appear on this Site are proprietary to AilynMartinez.com and/or its affiliates.  Use of these trade marks without the owner’s consent will infringe the owner’s intellectual property rights.  Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.

SPAM

The publication of AilynMartinez.com’s email addresses on this Site is to facilitate communications relating to the Products and Services supplied by AilynMartinez.com.  It must not be inferred as consent by AilynMartinez.com to receive unsolicited commercial electronic messages.

MISCELLANEOUS

  • By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of Victoria.  If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws.
  • AilynMartinez.com’s failure to enforce any of the conditions contained in these Terms of Use shall not be construed as a waiver of any of AilynMartinez.com’s rights.
  • If any condition is unenforceable, it shall be read down so as to be enforceable or, if it cannot be read down, the condition shall be severed from the Terms of Use without affecting the enforceability of the remaining conditions.
  • A notice must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address or email address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.