Terms & Condition
Greetings and welcome to my website. This website, with URL address www.malinijohnson.com is owned and operated by Malini Singham Johnson (ABN 62 908 411 216) trading as Malini Johnson (Malini Johnson).
The terms ‘us’ or ‘our’ or ‘we’ refers to Malini Johnson, the owner of the website, whose registered office is in Melbourne, Victoria.
Our terms (Terms) including this document, our Privacy Policy and our Disclaimer, as well as any other terms and conditions that may appear on the Website from time to time (for example, competition terms and conditions, or terms and conditions of sale and purchase of products). Where there are additional terms, these will apply to your use of, and access to, certain sections of the Website where they appear, so please review them where they are relevant to you.
Please note that by using, browsing, or reading the website, you are indicating to us that you’ve read, understood and accepted these Terms and Conditions. If you do not agree with our Terms & Conditions, we ask that you immediately cease using the Website. If you have any questions or comments about our Terms & Conditions, please feel free to get in touch with us at malinijohnson.com.
WHAT WE DO
Malini Johnson provides personal fashion styling services, home styling services, beauty products and seasonal handmade gifts. Our styling services come in three different packages, providing you the option to select the package that best suits your styling needs and your budget. Our beauty products and seasonal handmade items are available all year round and we have customised orders upon request.
INTELLECTUAL PROPERTY
The Website, including all content, is subject to copyright and is protected by copyright under the laws of Australia and through international treaties. Unless we say otherwise, all rights (including copyright) in the Website (including images, text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us and are reserved by us.
All trademarks, service marks and trade names are owned, registered and/or licensed by us. As a user of the Website, we grant you a worldwide, non-exclusive, royalty-free, revocable license to use the website in accordance with our Terms & Conditions, copy and store the website and its content in your device’s cache memory and to print pages from the Website for your own personal, non-commercial use.
Except as outlined above, we don’t grant you any other rights whatsoever in relation to the website- all other rights are expressly retained and reserved by us and nothing you do on or in relation to the Website will transfer any intellectual property or associated rights.
We love when our users share our content with their network, so for our website or social media content that’s freely available for re-use or is in the public domain, go ahead and share away – all we ask is that you us use appropriate attribution (by tagging us or making it clear to your followers that the content came from us). If you’d like to share, re-publish or otherwise use the Website or content in a way that you aren’t expressly authorised to do by these Terms & Conditions, please don’t hesitate to get in touch with us – we’d love to hear from you. You can send us an email at hello@malinijohnson.com
HOW CAN YOU USE THE WEBSITE
We are a legitimate website, looking for legitimate users. So, we ask that you only use the website for lawful purposes, and in a way that does not impact on anyone else’s use and enjoyment of the website. We have a zero-tolerance policy for users who conduct themselves unlawfully or encourage such conduct, who post any defamatory, obscene, offensive or scandalous material, harass or cause distress or inconvenience to any person, or disrupt the website. Users who engage in such behaviour will be banned.
It almost goes without saying, but you can’t change, add to, remove, deface, hack or otherwise interfere with the website or any material or content displayed on the website, or attempt to do any of those things. In addition, you agree not to hack into areas of this website that are not intentionally made available to you.
YOUR CONTENT SUBMISSION
From time to time, we may ask our users to contribute content to the website or our social media. Please note before you do so that any material you send to us (including any data, questions, comments, suggestions, ideas, images, videos or other information) will be deemed to be non-confidential and non-proprietary, unless you tell us otherwise. You authorise us to use it for any purpose, without compensation to you.
You warrant that you hold the necessary rights and interests to use any material you add to this website, (your content) and that all of your content does not infringe any third-party intellectual property rights, including copyright and trademark rights.
By submitting your content to the Website, you irrevocably grant Malini Johnson a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use your content for the purpose of providing services to you, now or in the future or for the purposes of marketing our business (for example through your testimonial content submission). We will not use your content for any other purpose.
You indemnify Malini Johnson against any claims made for breach of intellectual property rights in respect of your content.
At our sole discretion Malini Johnson may remove or disable your content if we believe your content to be in violation of our Terms & Conditions.
Malini Johnson is not obligated to return any of your content to you under any circumstances.
PRIVACY
We take your privacy seriously and any information provided to us through your use of the website is subject to our Privacy Policy, which is also available on the website.
NO AFFILIATION
We are not affiliated with and do not recommend or endorse any third-party services that are listed, advertised, or referred to in this site or the content of any third-party websites. We are not responsible for the content of linked third party websites, websites framed within this site or third-party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third-party websites is at your own risk and subject to their respective terms of use.
DISCLAIMER AND INDEMNITY
We want you to know that nothing in our Terms & Conditions limits or excludes any rights, guarantees, warranties, representations or conditions (or any liability under them) that you are entitled to by law that can’t be limited or excluded, including under the Australian Consumer Law (ACL).
Apart from that, to the extent permitted by law, we exclude all terms, guarantees, warranties, representations, or conditions which are not expressly stated in these terms. Please note that we won’t be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Website or these Terms (including as a result of not being able to use the Website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
We make the Website and all its associated content available to you, however you use it at your own risk.
You acknowledge and agree that no information, advice or instructions provided by us including that contained on this Website, in blogs, Facebook live or other live sessions, quizzes, articles or any other information whatsoever on this Website in any way constitutes medical or financial advice or advice of any other regulated industry or creates a warranty of any kind with respect to this Website.
Everything on the Website is provided “as is” and “as available” – we don’t make any representations or warranties of any kind – and we exclude all liability for loss or damage you might suffer because of:
1. failures, errors, interruptions, defects, delays, viruses, lost, stolen, altered or misused data, unlawful third-party conduct arising out of the Website;
2. inaccurate, unsuitable or out of date information on the Website (including third party material and advertisements on the Website);
3. costs incurred by you in using the Website; and
4. links which are provided for your convenience.
You can read more on our policies on liability in our Disclaimer, which is available on the Website.
CHANGES TO TERMS
If we decide to change our terms (and we can do so at any time), we will post a copy of our revised terms on the website. We will do our best to let you know that the terms have been updated, however please note that any changes to the terms will take effect immediately on being published on our website.
SEVERANCE
If any part of these Terms & Conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the terms will remain in force.
TERMINATION
The agreement between us constituted by your use of the website may be terminated at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, however, you will no longer be authorised to access the website.
JURISDICTION
As we are based in Victoria, these Terms & Conditions will be governed by the laws of that state. In the event of any dispute, we ask that you first contact us, and we will do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of Victoria.
FEEDBACK, COMMENTS OR CONCERNS
If you have any questions, comments or concerns please email hello@malinijohnson.com. We endeavour to respond to all enquiries within two business days.
Last Updated: 20 November 2020
Disclaimer: www.malinijohnson.com
PURPOSE OF THE WEBSITE
Malini Johnson provides personal fashion styling services, home styling services, beauty products and seasonal handmade gifts. Our styling services come in three different packages, providing you the option to select the package that best suits your styling needs and your budget. Our beauty products and seasonal handmade items are available all year round and we have customised orders upon request.
NO WARRANTY
While we try to make sure that everything on our website is up to date, accurate as possible, we’re only human and we do make mistakes. So, we don’t warrant or represent that any of the information on the website is infallible, and we can’t accept responsibility or liability for any loss, damage, cost or expense you or anyone else might incur because you’ve relied on or used any of the website content that’s out of date, incorrect or incomplete.
USER COMMENTS AND SUBMISSIONS
Certain areas of our website, such as our blog, allow for the submission of user content in the form of comments, questions, or other submissions.
Please note that we do not pre-screen or review your content submissions. As we do not pre-screen, there’s a chance that some of the user submitted content on our Website may not align with our brand values.
We may also feature guest content from time to time (for example a guest blog post). We want you to know that we do not necessarily endorse or support any views, opinions, standards or information expressed in any guest provided content. In saying that, if you find something offensive or inappropriate, please do not hesitate to get in touch with us and we’ll review the material to see whether it should be removed. You can write to us at hello@malinijohnson.com
LINKED WEBSITES
We try to make your experience on our Website as useful and seamless as possible. Occasionally, we might link to other websites that we think could help us do just that. Those websites will have information collated and presented by third-party businesses, organisations, and individuals.
Please note that we include these links for your convenience, however we do not necessarily endorse or support the views, opinions, standards or information expressed on them. For your own safety, please make sure you check the protocols and standards of the linked websites before using them.
Of course, because the linked websites are run by third parties, we cannot warrant or represent that any of the information on them is up to date, complete or correct. While we do our best to make sure we link to reputable sites, we can’t accept responsibility or liability for any loss, damage, cost or expense you or anyone else might incur because you’ve used or relied material on the linked websites.
Our website may contain links to websites maintained by an affiliate. If you click on an affiliate link and decide to purchase a good/s or service from them, we will receive a commission from our affiliate at no additional cost to you. We recommend our affiliates because they are helpful and useful, not because of the small commissions we make if you decide to buy something through the affiliate links. In saying that, we do not guarantee the availability or suitability of any product or service advertised for sale on an affiliate’s website. You should make your own enquiries to ensure that any product or service is suitable for your personal circumstances.
DISCLAIMER OF LIABILITY
We take pride in our work and in our website and we take every care in collating and organising its content. Our Website isn’t intended to be the ultimate and complete source of information on any topic, so we ask that you please not rely on it as such. Instead, use our website for general information and conduct your own research and investigations to make such that you’re purchasing goods or services appropriate for your specific needs, objectives or circumstances.
Nothing on our website constitutes or substitutes for professional or medical advice.
Please note that because of its nature as an online platform, we cannot warrant that our site and its content will be available 24/7 or that it won’t be interrupted.
We’d be remiss as business owners if we didn’t include a limitation of liability clauses here: to the maximum extent permitted by law, we exclude all liability to you or anyone else for loss, damage, cost or expense of any kind or nature relating in any way to our Website, including any linked sites. This exclusion extends (but isn’t limited to) to loss arising out of:
1. errors, mistakes or inaccuracies;
2. you or any other person acting or not acting, on any information;
3. personal injury or property damage of any nature resulting from your or any other person’s access to or use of the website;
4. any unauthorised access to or use of information or data, including personal and financial information, collected by us;
5. any interruption of transmission to or from the website; and
6. any malware (bugs, viruses, trojan horses, ransomware or other harmful code or communications) which may be
transmitted to or through the website.
Where we can’t exclude liability, but we can limit it, we limit it to the maximum extent permitted under section 64A of the Australian Consumer Law, as part of the Competition and Consumer Act 2010 (Cth).
Please note that you have rights as a consumer under the Australian Consumer Law that cannot be excluded. Nothing in this Disclaimer is intended to affect those rights. You can read more about your rights here.
YOUR ACCEPTANCE OF THIS DISCLAIMER
When you use our website, we’ll take it that you’ve read and agreed to these terms & conditions. If you do not agree to our terms, unfortunately you can’t use the website. If you have questions or concerns about our disclaimer, please do not hesitate to get in contact with us at hello@malinijohnson.com