Limitation of liability
The purpose of this Site is an information website for Magdalena Simonis to provide information. This Site should only be used for information purposes. All content, products and services offered through this site are not to be considered as legal or professional advice and are to be used for personal entertainment purposes only. It is not professional advice and you should not rely on it to make (or refrain from making) any decision or take (or refrain from taking) any action. Magdalena Simonis is not responsible for the Site’s accuracy or its fitness for a particular purpose or the reliability of the access to this Site. Magdalena Simonis is not liable for any damages or losses resulting from your use of or inability to use this Site. Magdalena Simonis does not guarantee that this site will operate free of error or that it is free from computer viruses or any other contaminating computer program.
Whilst this Site may be accessed and viewed via the internet throughout the world, Magdalena Simonis does not represent or warrant that the information on this Site or its operation complies with the regulatory regime of any country, other than Australia where Magdalena Simonis is located. If the User accesses this Site from locations outside of Australia the User does so on the User’s own initiative and at the User’s own risk. The User is responsible for compliance with local laws.
Intellectual Property Rights
The User acknowledges and accepts that there may be content, such as photographs or other materials, on the Site in which copyright, trademark, patent, trade secret, or other proprietary rights (Intellectual Property Rights) are owned by third parties and which are reproduced by permission of such third parties. The User may not copy any such copyright works or other third-party materials or content without the permission of the relevant Intellectual Property Rights owner.
Subject to this, the User acknowledges and agrees that all Intellectual Property Rights in the content and materials available on the Site vests in, and are owned by Magdalena Simonis unless otherwise indicated, including in respect of, or in connection with, but not limited to, the Site’s design, text, graphics, its selection and arrangement, and all other materials on or in the Site.
© Magdalena Simonis 2020. All rights reserved.
The User may not copy, sell, rent, lease, license, sub-license, trade under, grant any rights in, transfer, distribute, time-share or otherwise assign to any third party any of the materials or content on this Site or any portion of this Site. Any unauthorised or restricted act in relation to the materials or content on this Site or any portion of this Site may result in civil proceedings and/or criminal prosecution.
Unauthorised access by Third-Parties
It is possible that third-parties (hackers) may access the Site and alter the Site’s content or place damaging materials or programmes on the Site, including but not limited to computer viruses, Trojan horses, worms, bots and other destructive elements. Magdalena Simonis will not be liable for any damage or loss arising out of or resulting from, any such unauthorised access to, alteration to, or modification of, information contained on the Site or infection of the Site in this way. It is the User’s sole responsibility to take protective measures to guard against computer viruses or other destructive elements.
The Site from time to time may incorporate links to other websites designed, maintained and operated by third-parties. Magdalena Simonis has not reviewed the third-party sites, links to which are provided for the User’s convenience only, and Magdalena Simonis is not responsible for the content or availability of these third-party sites. Users follow the links at their own risk. By linking to other third-party sites Magdalena Simonis in no way implies or endorses, is affiliated or associated with the third-party sites. The User must obtain authorisation to reproduce third-party material, including material on the Site and material accessible via any third-party site, from the relevant third-parties concerned. The User must not permanently store or otherwise copy any such third-party content or materials for wider distribution or commercial gain, without the express permission of the relevant third-party.
Magdalena Simonis may change the Site or these terms at any time by posting notice of the changes on the Site. By using the Site after Magdalena Simonis has posted the changes Users will be bound by the new terms. Users should, therefore, ensure that they read the terms each time they use the Site.
Governing law & jurisdiction
These terms and use of this Site are governed by and construed in accordance with the laws of Australia to the exclusive jurisdiction of the Courts of Victoria, Australia that may hear appeals from those Courts in respect of any proceedings in connection with this Site.
The User understands and agrees that, barring the extent required by law, Magdalena Simonis does not accept liability for erroneous or inadequate information supplied to us by the User. The User is responsible for the material provided to us for display on the website.Magdalena Simonis in good faith relies upon the information supplied and does not independently check the accuracy of the content submitted.
All content submitted will be reviewed prior to being uploaded to Magdalena Simonis website. We reserve the right to deny the publishing of content as we see fit.
The User understands that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials posted on, transmitted through or linked from the website are the sole responsibility of the person from whom such content originated.
The User understands that we do not control and are not responsible for content made available through the website unless it originates from us. By using the website users may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. Users use the website at their own risk and to the extent permissible at law we do not accept liability in this regard.
We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content from the website without giving any reasons.
We will not be held liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us
The User is solely responsible for the activity that occurs on their account and must keep their account password secure.
The User may not use another member’s account without their permission.
The User agrees to notify us immediately should they suspect or become aware of any unauthorised use of their account or password.
The User agrees not to access (or attempt to access) any part of the website by any means other than through the interface provided by us.
The User agrees that they will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website. The User may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the website except with written consent from Magdalena Simonis.
The User agrees not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
The User agrees not to or attempt to, circumvent, disable or otherwise interfere with security-related features of the site or features that prevent or restrict use or copying of any content or enforce limitations on the use of the content therein.
The User understands and agrees that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
To the extent allowed by law and except as expressed to the contrary in this agreement, we exclude all liability to anyone for loss or damage of any kind (however caused or arising) including consequential loss relating in any way to the content and/or website including, but not limited to, loss or damage users might suffer as a result of:
- errors, mistakes or inaccuracies on the website;
- the User acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
- defamatory, harmful, offensive or unlawful conduct of any user of the website;
- personal injury or property damage of any nature resulting from access to, and use of, the website.
- any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
- any interruption or cessation of transmission to or from our website;
- any bugs, viruses, Trojan horses or other malevolent code or communications which may be transmitted to or through our website by any third party; and/or
- failures in relation to the merchantability or fitness for any purpose of any goods or services offered or provided on any linked sites.
We will not be a party to or in any way responsible for monitoring any transaction between the User and third-party providers of goods and /or services.
Except if and to the extent only required by law, we do not warrant to you, endorse, guarantee or assume responsibility for any goods or services advertised, offered by or acquired from a third party through the website or any linked website or featured in any banner or other advertising. Where any law implies a warranty into this agreement which may not be lawfully excluded, then to the extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law. To the extent permissible at law that liability will not exceed the price paid to Magdalena Simonis for the product or service in question.
You understand that by entering your name and email address for our newsletter that you are subscribing to a free, no obligation email newsletter. This newsletter is offered as a free service by Magdalena Simonis and magdalenasimonis.com, and no purchase is necessary. If you have trouble subscribing or removing yourself from the free newsletter list, you may contact us here for assistance. By entering your information into the newsletter subscription fields you agree that you wish to be subscribed to this newsletter, and that you will make no threats, and take no additional action against Magdalena Simonis in the event you are unhappy that you subscribed or are not able to remove yourself from this free mailing list, and you agree that the small inconvenience of receiving this unwanted newsletter will cause you no personal, emotional, or financial harm whatsoever. You agree that you have opted-in to receive the newsletter by providing your name and email address on our website. If you do not wish to receive the newsletter, simply click on the unsubscribe link at the bottom of the newsletter. If you need further assistance, please contact us here or email: email@example.com
Testimonials are all true, reflect the opinions and experiences of people who know Magdalena Simonis, and are submitted to Magdalena Simonis voluntarily by customers/clients/friends/colleagues etc. If you would like to submit a testimonial to Magdalena Simonis you agree that it becomes the exclusive property of Magdalena Simonis which for example includes the rights to reproduce, edit (for length but not general content), and/or publish the testimonial, which may include your name or initials and city/state/country of residence.