These terms and conditions (Terms) outline the rules and regulations for the use of the website (www.giorgiana.me) and form a contract between you and us if you use the Site. Please read these terms and conditions carefully. Please contact us if you have any questions, at firstname.lastname@example.org. Your use of the Site indicates that you have had sufficient opportunity to access the terms and conditions, that you have read and accept the terms and conditions. Do not continue to use OM_NI Creations Pty Ltd’s website if you do not accept all of the terms and conditions stated on this page.
This website is owned and operated by Giorgiana Castello of OM_NI Creations Pty Ltd. It is available at https://www.giorgiana.me/ (Site) and may be available through other addresses or channels.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:
- “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions.
- “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company
- “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Australia. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
The information, including statements, opinions and documents contained in this Site (Information) is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. Any reliance you place on the Information is at your own risk. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary. What you decide to do with the information that is provided &/or given to you, including any actions you take, is down to your own personal responsibility and choice.
The Information and Terms may be amended without notice from time to time in our sole discretion. Your use of our Site following any amendments indicates that you accept the amendments. You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Site if you accept and will comply with the new Terms.
You warrant to us that you have the legal capacity to enter these Terms and form a contract, and that you have read and understood the Terms, before using the Site.
LICENCE, COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, OM_NI Creations Pty Ltd and/or its licensors own the intellectual property rights for all material on OM_NI Creations Pty Ltd. All intellectual property rights are reserved. You may view and/or print pages from https://www.giorgiana.me for your own personal use subject to restrictions set in these terms and conditions. All other uses are prohibited without our prior written consent.
We own the copyright which subsists in all creative and literary works displayed on the Site.
You agree that, as between you and us, we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property ownership rights. Your use of the Site does not grant you a licence, or act as a right of use, any of the intellectual property, whether registered or unregistered, displayed on the Site without the express written permission of the owner.
You must not breach copyright or intellectual property rights, including but not limited to, that you must not:
(a) alter or modify any of the code or the material on the Site;
(b) cause any of the material on the Site to be framed or embedded in another website;
(c) create derivative works from the content of the Site; or
(d) use our Site for commercial purposes.
You must not:
(a) Republish material from https://www.giorgiana.me
(b) Sell, rent or sub-license material from https://www.giorgiana.me
(c) Reproduce, duplicate or copy material from https://www.giorgiana.me
(d) Redistribute content from OM_NI Creations Pty Ltd (unless content is specifically made for redistribution).
(e) Use the Site for any activities, or to post or transmit any material from the Site:
- unless you hold all necessary rights, licenses and consents to do so;
- that infringes the intellectual property or other rights of any person;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that defames, harasses, threatens, menaces, offends or restricts any person;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
- that would bring us, or the Site, into disrepute.
(f) Interfere with or inhibit any user from using the Site;
(g) Use the Site to send unsolicited email messages;
(h) Attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or
(i) Facilitate or assist another person to do any of the above acts.
If you choose to add any content on the Site, you:
(a) warrant to us that you have all necessary rights to post the content;
(b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use that content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) and permit us to authorize any other person to do the same thing; and
(c) you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.
THIRD PARTY INFORMATION
The Site may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you.
THIRD PARTY LINKS AND WEBSITES
This Site may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites. You should make your own investigations with respect to the suitability of Third Party Sites for you.
DELAYS AND OUTAGES
We are not responsible for any delays or interruptions to the Site. We will use commercially reasonable efforts to minimize delays and interruptions. We cannot warrant that the Site will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
RESERVATIONS OF RIGHTS
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Site. You agree to immediately remove all links to our Site upon such request. We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites outlined within these terms and conditions and its linking policy at any time. We reserve the right to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion. By continuing to link to our Site, you agree to be bound to and abide by these linking terms and conditions.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
By using the Site, you agree to defend and indemnify and hold us (and our officers, directors, employees and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:
(a) your use of or access to the Site;
(b) any breach by you of these Terms; or
(c) any wilful, unlawful or negligent act or omission by you.
This defence and indemnification obligation will survive these Terms and your use of the Site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
To the maximum extent permitted by applicable law, we exclude all representations, warranties, guarantees, terms and conditions (whether expressed or implied) other than those expressly set out in these Terms, relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use or access of, or any inability to use or access the Site.
Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:
(a) are subject to the preceding paragraph; and
(b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and any of the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time.
While we endeavour to keep the Site and information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:
(a) the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose;
(b) Third Party Information; or
(c) Third Party Sites.
You read, use, and act on information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk.
REMOVAL OF LINKS FROM OUR WEBSITE
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using this Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use this Site. We reserve the right to remove any and all content found to be in breach of copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach the Terms, we reserve the right to block you from the Site and to enforce our rights against you. If we do not act in relation to a breach of the Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms by you. All rights not expressly granted in the Terms are reserved.
If any provision of the Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remainder of the Terms, which continue in full force and effect.
The Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms and limitations of liability set out in the Terms will survive.
You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.
If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to that or subsequent or similar breaches. Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.
For questions and any correspondence, please contact:
PO BOX 247, ROSANNA