Terms and Conditions
These Terms and Conditions govern your use of the Marni’s Magic website and your relationship with Marni’s Magic. It is the User’s responsibility to ensure that you have taken adequate precautions before using Marni’s Magic and any advice or guidance provided by Marni’s Magic. Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, you are not entitled to become a member of the Marni’s Magic Site. Use of the Marni’s Magic Site You will be able to access some areas of the Marni’s Magic Site without registering as a member. However, by accessing any part of the Marni’s Magic Site you agree to be bound by these Terms and Conditions. THESE TERMS AND CONDITIONS MAY AFFECT YOUR STATUTORY RIGHTS. Disclaimer - Caution In Use Of The Site It is the User’s responsibility to ensure that you have taken adequate precautions before using Marni’s Magic and any advice or guidance provided by Marni’s Magic. The member understands that the coaching services received from Marni’s Magic is not a form of psychotherapy, or psychological counseling, and is not a substitute for these services. Should the need arise for these services, the member can alter their Marni’s Magic contract to include counseling sessions such as our Magic Immersion courses. http://marnismagic.live.subhub.com/categories/20080508_3 The Marni’s Magic Site provides general information and guidance on well being and healthy active lifestyle management. Although it aims to help users in their efforts to strive for well being, information on the Marni’s Magic Site does not constitute advice tailored to an individual's specific requirements. Amendments Marni’s Magic may update these Terms and Conditions from time to time. You should periodically review them for changes, although where possible we will try to bring any changes to your attention by email and/or by putting a notice on the Marni’s Magic Site. If you continue to use the e Site after the date on which any changes come into effect, your use of the Marni’s Magic Site indicates your agreement to be bound by the new Terms and Conditions. If you do not wish to accept the new Terms and Conditions you should not continue to use the Marni’s Magic Site and, if applicable, you should cancel your membership (the original Terms and Conditions applying up to the date of cancellation It is your responsibility to ensure that you have taken adequate measures to review these Terms and Conditions provided by Marni’s Magic.). Membership You must ensure that the details provided by you on registration or at any time are correct and complete. You can review your details by signing into the Member Login section of the Marni’s Magic Site. You must inform us at members@marnismagic.com immediately of any changes to the information that you provided when registering by updating your personal details. As no one is permitted to join Marni’s Magic unless they are of the age of majority in the jurisdiction they reside, Marni’s Magic will not store any personal information collected during the age verification process in the event that the person is under the age of majority Payment You can pay membership fees by any major credit card through Pay Pal. The details will be encrypted to minimize the possibility of unauthorized access or disclosure. At the time of registration, your credit card will be charged for the payment option you choose. Your payment options at registration are to “pay in full” or to “pay monthly”. Thereafter you will be charged monthly until your membership is cancelled (Cancellation details below). Details of pricing are shown within the sign-up process. Any reduction or increase in the monthly membership price will take effect in your next membership month after adequate notification of the price change. Cancellation of Membership and Refund Entitlement You are free to cancel your membership with Marni’s Magic after minimum of 3 months into your membership along with a $60 cancellation fee. Marni’s Magic feels that 3 months is the appropriate time to get the full benefit of how our courses will start your personal growth. In order for any benefit to be obtained from the Marni’s Magic problem, a minimum of 3 months is required for you to start your personal growth process. Marni’s Magic does not make any warranty or representation that you will begin seeing changes after three months as each member is different, but that the three months is the minimum length of time that anyone will start to see changes in the personal growth process. The online cancellation option is available, you can email our customer services at the email address below. If you cancel after the first 3 months, cancellation will take effect from the starting date of your next membership month. You will not be entitled to a refund for any monthly membership fee already paid. The $60 cancellation fee will be deducted from your credit card at the time of cancellation. For example if the monthly payment date was June 7th you would have to cancel the membership by June 6th to not be charged for the next month. If you wanted to cancel the membership on June 8th you will be charged for that month and no refund will be granted. If you have selected the 1 year pay in full plan you will be refunded for the remaining 9 months of the membership with the deduction of the $60 cancellation fee. If you have only committed to the monthly payment program after the third month of full payments you can cancel. For your own records, we advise you to keep a copy of any request sent. The suspension or cancellation of your membership and your right to use the Marni’s Magic Site shall not affect either party's rights or liabilities. Marni’s Magic may suspend or cancel your membership immediately if payment has not been received or if you breach any of your obligations under these Terms and Conditions. Password and Security If you register to become a member of the Marni’s Magic Site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities that occur under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Service members@marnismagic.com immediately. If Marni’s Magic has reason to believe that there is likely to be a breach of security or misuse of the Marni’s Magic Site, we may require you to change your password or we may suspend your membership in accordance with our cancellation policy below. Excluded Services The services provided by the Marni’s Magic Site do not include the provision of computer or other necessary equipment to access the Marni’s Magic Site. To use the Marni’s Magic Site you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur. Please note, our site is optimized when using Internet Explorer as your browser - we cannot be responsible for the technical limitations / restrictions experienced when using other browser technology. We also encourage all members to add our email to their Inbox Address list, to ensure they receive all member communication from us. We will endeavor to send all email communication related with the service, but cannot be responsible for non delivery of emails, due to email settings on individual member PC's. Intellectual Property The content of the Marni’s Magic Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Marni’s Magic Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Marni’s Magic Site without written permission from Marni’s Magic. No license is granted to you in these Terms and Conditions to use any trade mark of Marni’s Magic or its affiliated companies including, without limitation, the trade marks Marni’s Magic, Marni’s Magic.com Your Use of the Marni’s Magic Site The Marni’s Magic Site provides message boards that allow interaction between users. You may not use the Marni’s Magic Site, including the message boards, for any of the following purposes: " disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material; " transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice; " transmitting material containing any form of advertising or promotion for goods and services, junk mail, chain letters or "spam"; " gaining unauthorized access to other computer systems; " interfering with any other person's use or enjoyment of the Marni’s Magic Site; or making, " transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. Marni’s Magic reserves the right to refuse to post material on the Marni’s Magic Site or to remove material already posted on the Marni’s Magic Site. Marni’s Magic makes no representations as to the validity of any opinion, advice, information or statement displayed on the message boards by third parties. You are solely responsible for the content of your messages posted on the message boards. You will be responsible for: " any claim by any third party that the use of the Marni’s Magic Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice; " any claim by any third party that the use of the Marni’s Magic Site by you infringes that third party's copyright or other intellectual property rights of whatever nature; " any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Marni’s Magic Site by you. By submitting material you are granting Marni’s Magic a perpetual, royalty-free, non-exclusive license to reproduce, modify, translate, make available, distribute and sub-license the material in whole or in part and in any form. Availability of the Marni’s Magic Site Although Marni’s Magic aims to offer you the best service possible, Marni’s Magic makes no promise that the services at the Marni’s Magic Site will meet your requirements. Marni’s Magic cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to Customer Services members@marnismagic.com and we will attempt to correct the fault as soon as we reasonably can. Marni’s Magic does not suspend or cancel members' accounts, without prior notification to the member. Your access to the Marni’s Magic Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Marni’s Magic will attempt to restore the service as soon as it reasonably can. Marni’s Magic Liability Although Marni’s Magic will use reasonable skill and care in providing the Marni’s Magic Site, it gives no other warranties or guarantees in relation to the Marni’s Magic Site. You must bear the risks associated with the use of the Internet. The Marni’s Magic Site provides content from other Internet sites or resources and while Marni’s Magic tries to ensure that material included on the Marni’s Magic Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Marni’s Magic will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Marni’s Magic Site. If Marni’s Magic is informed of any inaccuracies in the material on the Marni’s Magic Site we will attempt to correct the inaccuracies as soon as we reasonably can. In particular, we disclaim all liabilities in connection with the following: " incompatibility of the Marni’s Magic Site with any of your equipment, software or telecommunications links; " technical problems including errors or interruptions of the Marni’s Magic Site; " unsuitability, unreliability or inaccuracy of the Marni’s Magic Site; " inadequacy of the Marni’s Magic Site to meet your requirements. You agree that we will not be liable to you for any losses related to any business interests that you have, such as lost data, lost profits or business interruption. Third Party Websites As a convenience to Marni’s Magic customers, the Marni’s Magic Site includes links to other web sites which are beyond its control. Marni’s Magic is not responsible for content on the Internet or World Wide Web pages on any other site or publication outside the Marni’s Magic Site (unless initially approved by Marni’s Magic). Please contact technicalsupport@marnismagic.com to inform Marni’s Magic of any inappropriate items. Advertising and Sponsorship Part of the Marni’s Magic Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Marni’s Magic Site complies with relevant laws and codes. Marni’s Magic will not be responsible for any error or inaccuracy in advertising and sponsorship material. Please contact technicalsupport@marnismagic.com to inform Marni’s Magic of any inappropriate items. Applicable Law These Terms and Conditions shall be governed by and construed in accordance with the laws of Manitoba and the Customer agrees to attorn to the jurisdiction of Manitoba to settle any and all disputes herein. Miscellaneous You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.