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").
By using the Site or purchasing from Montagio, you agree to these "Terms of Use and Sale":
- Copyright and other protected rights
- User behaviour
- Provision of goods or services
- Promotions
- Gift Certificates
- Accounts, passwords and security
- Privacy
- Links to other sites and to the Montagio Site
- Disclaimers
- Limitation of liability and indemnity
- Violiation of these Terms of Use and Sale
- Feedback and information
- Other policies
Montagio reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use and Sale, or any referenced terms and conditions, at any time. It is your responsibility to check these Terms of Use and Sale periodically for changes. Your continued use of the Site following the posting of changes to these Terms of Use and Sale will mean that you accept and agree to the changes. As long as you comply with these Terms of Use and Sale, Montagio grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Copyright and other protected rights
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.
User behaviour
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.
Provision and representation of Goods or Services
Additional terms and conditions apply to the purchase of Goods and Services from Montagio, whether online or at our business premises, all of which terms are made a part of these Terms of Use and Sale by this reference. Such terms and conditions may be found at Other Policies. You agree to abide by such terms and conditions, including where applicable representing that you are of sufficient legal age to purchase such Goods and Services.
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.
Promotions
Additional terms and conditions apply to specific portions or features of the Site, including contests, promotions, programs or offers, all of which terms are made a part of these Terms of Use and Sale by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such a contest, promotion, program or offer.
If there is a conflict between these Terms of Use and Sale and the terms posted for or applicable to a specific contest, promotion, program or offer offered on or through the Site, the latter terms shall control.
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.
Gift Certificates, Gift Cards and Vouchers
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.
Accounts, passwords and security
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.
Privacy
Montagio's Privacy Policy applies to your use of the Site, and its terms are made a part of these Terms of Use and Sale by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links to other sites and to the Montagio Site
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.
Disclaimers
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.
Limitation of Liability and Indemnity
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.
Violation of these Terms of Use and Sale
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.
You acknowledge and agree that Montagio may preserve any transmission or communication by or to you made through the Site or in relation to any Service offered on or through the Site, and may also disclose such data if required to do so by law, or if Montagio determines that such preservation or disclosure is reasonably necessary to comply with the legal process to enforce these Terms of Use and Sale, respond to claims that any such data violates the rights of others, or protect the rights, property or personal safety of Montagio, its employees, users of or visitors to the Site, and the public.
Feedback and information
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.
Other important policies
Below are other policies which form part of our Terms of Use and Sale.