This site is owned and operated by MONTAGIO PTY LTD ABN 14 146 841 947 ("Montagio")
The following terms and conditions apply to both your use of the Montagio website located at www.montagio.com.au (referred to as the “Site”), and when engaging Montagio to supply goods or services to you (our "Goods or Services").
- Copyright and other protected rights
- User behaviour
- Provision of goods or services
- Gift Certificates
- Accounts, passwords and security
- Links to other sites and to the Montagio Site
- Limitation of liability and indemnity
- Feedback and information
- Other policies
All text, graphics, user interfaces, visual interfaces, photographs, illustrations, trademarks, logos and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, contained on the Site are the intellectual property of Montagio. All rights are reserved.
Unless explicitly indicated otherwise, you should assume that everything which you see or read on the Site is subject to legal protection. All Content may only be viewed, copied, printed out and passed on for personal, non-commercial purposes. Any copies must contain a copyright reference to Montagio. References given to protected rights must not be removed. Any commercial and/or public use or sharing of the Content is prohibited.
You as a user of the Montagio site are required to comply with the laws of Australia. In particular, you are not permitted to send contents over the Montagio site or in any other way to make them available which:
(i) are libellous, defamatory, obscene, harmful, pornographic, promoting violence or represent infringement of privacy; or
(ii) infringe commercial protected rights; or
(iii) offer goods or services or solicit financial funds.
You may not undertake activities where the purpose is to render the Montagio site functionally defective or to make the use of it by others more difficult. All such actions are prohibited and could give rise to civil or criminal proceedings.
The Montagio site may also not be used for illegal purposes. In particular, it is prohibited to register third parties without their knowledge and explicit consent for the newsletter or register third parties without their knowledge and explicit consent for competitions or promotions on the Montagio site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Montagio cannot and will not be liable for any loss or damage attributed to the misuse of personal information for any person who has been signed up to our newsletter, a competition or promotion without their consent.
Montagio may make changes to the representation of the Goods and Services communicated on the Site, or to the applicable prices for any such Goods and Services, at any time, without notice. The Content on the Site with respect to Goods and Services may be out of date, and Montagio makes no commitment to update the Content on the Site with respect to such Goods and Services.
Montagio may make changes to any contest, promotion, program or offer on the Site, at any time, without notice. The Content on the Site with respect to contests, promotions, programs or offers may be out of date, and Montagio makes no commitment to update the Content on the Site with respect to such contest, promotion, program or offer.
The words Gift Certificate, Gift Card, Voucher and Gift Voucher are used interchangably throughout this website and in other online and offline promotional material.
Only original authorised Gift Certificates will be accepted and must be printed out and presented in-store to redeem. Please treat your Gift Certificate like cash. Lost or stolen certificates will not be replaced or refunded. All Gift Certificates are valid for 12 months from the date of issue and are non-exchangable and non-refundable. Any balance that remains on a Gift Certificate will not be available for use after the Certificate's expiry date. For Gift Certificates issued as part of a contest, promotion, program or offer, only one Gift Certificate may be redeemed per person, per order.
Certain features or services offered on or through the Site may require you to open an "Account" (including setting up a Montagio username and password upon booking or ordering). You are entirely responsible for maintaining the confidentiality of the information you hold for your Account, including your password, and for any and all activity that occurs under your Account as a result of your failing to keep this information secure and confidential.
You agree to notify Montagio immediately of any unauthorised use of your Account or password, or any other breach of security. You may be held liable for losses incurred by Montagio or any other user of or visitor to the Site due to someone else using your Montagio username, password or Account as a result of your failing to keep your Account information secure and confidential.
You may not access anyone else’s Montagio Account at any time without the express permission and consent of the holder of that Account. Montagio cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
The Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Montagio's control, and Montagio is not responsible for and does not endorse the content of such Linked Sites, including any information, content or material contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Montagio does not promise that the Site or any Content or feature of the Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results. The Site and its Content are delivered on an “as-is” and “as-available” basis. All information provided on the Site is subject to change without notice. Montagio cannot ensure that any files or other data you download from the Site will be free of viruses or contamination or destructive features.
In relation to the Site and our Goods and Services, Montagio disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Montagio disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site and our Goods and Services. You assume total responsibility for your use of the Site, our Goods and Services and any Linked Sites. Your sole remedy against Montagio for dissatisfaction with the Site or any Linked Sites is to stop using the Site. Your remedy against Montagio for dissatisfaction with our Goods and Services is governed by our Other Policies.
This limitation of relief is a part of the bargain between the parties.
Except where prohibited by law, in no event will Montagio be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Montagio has been advised of the possibility of such damages.
You agree to indemnify and hold Montagio, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Montagio in relation to your use of the Site and our supply of Goods and Services.
Montagio may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Montagio's rights or property, or the rights or property of visitors to or users of the Site, including Montagio's customers. Montagio reserves the right at all times to disclose any information that Montagio deems necessary to comply with any applicable law, regulation, legal process or governmental request. Montagio also may disclose your information when Montagio determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organisations for fraud protection purposes.
Any feedback you provide at the Site shall be deemed to be non-confidential. Montagio shall be free to use such information on an unrestricted basis.