Terms of Use

Thank you for visiting the rochellegance.com website (the “Website”) and for reading these Terms of Use carefully before using this Website.  By using this Website, you agree to be bound by all terms and conditions contained herein, as well as by our Privacy Policy without alteration.  If you do not agree to these Terms of Use or our Privacy Policy, please do not access or otherwise use this Website.

Last updated: November 27 2018

1.Use of material on the Website

1.1 Links to other websites

The Website may reference information that can be useful to you via links to other websites owned and operated by third parties, which are not under the control of Rochelle Gance.  Rochelle Gance does not claim responsibility for the privacy and security practices of these other websites, nor for the nature of the content contained therein. Links to other websites are provided as a convenience to you and do not constitute endorsements by Rochelle Gance of those websites’ policies, content, or services.

1.2 Website materials

(a) Except for the limited use set out in 1.2(b) you may not use the Website, or the material contained on it, for any purpose. This includes:

(i) The reproduction of the material in any material form;
(ii) The distribution of the material in any material form;
(iii) Re-transmission of the material by any medium of communication;
(iv) Uploading and/or reposting the material to any other website;
(v) “Framing” the material on the Website with other material on any other website.

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Use.

(b) Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

(c) You may not modify or copy:

(i) The layout of the Website; or
(ii) Any computer software and code contained in the Website.

(d) Rochelle Gance reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it.  The material provided on the Website is provided for personal use only and may not be:

(i) Re-sold and/or re-distributed in any material form;
(ii) Stored in any storage media; and/or
(iii) Re-transmitted in any media,

without the prior written consent of Rochelle Gance.

1.3 Disclaimer

(a) The use of this Website is solely at your discretion.  Rochelle Gance is making the Website available for others to publish information without assuming a duty of care to others.  Nothing on this website should be taken to constitute professional advice and Rochelle Gance gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or any linked websites.

(b) To the full extent permitted by law, Rochelle Gance disclaims any and all warranties, express or implied, regarding:

(i) The accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked websites; and
(ii) Merchantability or fitness for any particular purpose for any service, practice or product contained or referred to on the Website and/or on any linked websites.

(c) Rochelle Gance will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

(i) Acting, or failing to act, on any information contained or referred to on the Website and/or any of the linked Websites; and
(ii) Using or acquiring, or your inability to use or acquire, any service practice or product contained or referred to on the Website and/or any linked websites.

1.4 Website Availability and Disclaimer

(a) Rochelle Gance strives to make this Website available and functioning properly at all times.  However, access to the Website may, from time to time, be unavailable, delayed, limited, or slowed due, among other things, to hardware or software failures, system overloads, power or communication interruptions, or other causes beyond our control.

(b) The use of this Website is at your own risk.  Rochelle Gance does not warrant, guarantee or make any representation that:

(i) The Website, or the server that makes the site available on the internet are free of software viruses, malware, spyware, adware malicious code;
(ii) The functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
(iii) Errors and defects in the Website will be corrected.

(c) The materials published on this Website may contain inaccuracies or typographical errors.  Due to mechanical and human error, as well as other factors, this Website is provided “as is.” Rochelle Gance will not under any circumstances be liable for any sort of loss or damages arising out of:

(i) Errors or omissions in the Website and/or linked websites;
(ii) Delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
(iii) Defamatory, offensive or illegal conduct of any user of the Website,

whether caused through negligence or any other cause.

(d) You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

1.5 Limitation of Liability

Clause 1.3 and/or clause 1.4 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law.  To the full extent permitted by law Rochelle Gance’s liability for any implied warranty or condition is limited, at the choice of Rochelle Gance, to one or more of the following:

(a) If the breach of an implied warranty or condition relates to services:

(i) The supply of the services again; or
(ii) The payment of the cost of having the services supplied again; and

(b) If the breach of an implied warranty or condition relates to goods:

(i) The replacement of the goods or the supply of equivalent goods;
(ii) The repair of such goods; or
(iii) The payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

1.6 Use of information gathered

Rochelle Gance respects your privacy.  Please see our Privacy Policy for details on the use of information obtained from this Website.

(a) Rochelle Gance and/or authorised persons may gather and process the information obtained from this Website:

(i) Which you may provide when accessing the Website, such as your name, address, email address and other personal information about you; and
(ii) Regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the Website; and
(iii) To monitor all network traffic to this Website in order to identify and block any unauthorized or malicious activities.

(b) You agree to the collection and processing of information acquired in accordance with para (a).

1.7 Updates to Terms of Use

Rochelle Gance reserves the right to change these Terms of Use:

(a) With or without further notice to you; and

(b) Without giving you any explanation or justification for such change.

1.8 Jurisdiction

If any part of these Terms of Use is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.

(a) These Terms of Use will be governed by and interpreted in accordance with the laws of Victoria, without giving effect to any principles of conflicts of laws.

(b) You agree to the jurisdiction of the courts of Victoria to determine any dispute arising out of these Terms of Use.