Website Terms and Conditions

Terms of sale

A. Application

  • These terms form the basis of the agreement between Montignie Stuart Kennels Pty Limited ACN 602 437 392 (MSK) with ABN 86 846 508 251 and the buyer of products and services from this website unless otherwise agreed in writing by MSK.

B. Orders

  1. Orders for products or services may be able to be made online through this website.
  2. MSK is not obliged to fulfil any order or subscription unless the order is accepted by MSK.

C. Price and payment

  1. Orders made through this website must be accompanied by valid payment.
  2. Payment for an order or subscription to this website must be made at the time of requesting the products or services.

D. Delivery

  1. MSK will endeavour to dispatch any ordered products by post within 7 days after order.
  2. On receipt of payment by MSK, where the service is access to digital files and information (Subscription Material), the buyer of the Subscription Material (Subscriber) will create a username and password to be used by the buyer and once the buyer is granted access to the Subscription Material, the buyer will be able to enter the username and password to access the Subscription Material through this website.
  3. Orders within Australia are inclusive of standard postage. The buyer will incur additional shipping costs for shipping outside Australia.
  4. MSK is not liable for an error in shipment unless notified in writing to MSK within 7 days after receipt of the products by the buyer.
  5. MSK will not accept returned products without prior written approval. The buyer must pay all shipping charges and MSK’s handling charges on products accepted for return.

E. Title and risk

  • Until the price of products is paid in full, title in those products is retained by MSK. Risk in products passes to the buyer at the time of their despatch by MSK.

F. Liability

  1. To the extent permissible by law, MSK’s liability for any cause, including negligence, in connection with the supply of products and services is limited to:
    1. supply of the products or services again; or
    2. payment of the cost of having the products or services supplied again, at MSK’s option.

G. Termination of subscription

  1. A Subscriber may, by notice in writing to MSK at terminate his or her subscription.
  2. If a Subscriber breaches any of these terms or any other terms contained on this website, MSK may, by notice in writing to the Subscriber, immediately terminate the Subscriber’s subscription including the Subscriber’s access to the Subscription Material.

Terms of website use

Terms of use

  • Use of this website is subject to these terms and any additional terms which appear on this website.

H. Accuracy

  1. Where possible, care is taken to ensure the accuracy of the information MSK posts on this website. However MSK does not accept responsibility for the accuracy or completeness of the information it posts or that is otherwise contained on this website.
  2. The information contained on this website is not intended to constitute legal, business or other professional advice but is for general guidance only. It is not intended as a substitute for advice from a qualified professional.
  3. MSK is not liable for any damages, losses, costs or expenses resulting from any use or misuse of the information contained on this website.
  4. If MSK considers that information or content on this website is unreliable or inaccurate, it may, at its own election:
    1. inform users of this website that this is the case;
    2. endeavour to make an appropriate correction;
    3. remove any information or content, including links to other websites, without giving any explanation or justification; or
    4. suspend the operation of all or any part of this website.

I. Intellectual property

  1. Except as otherwise indicated, MSK owns or has licensed all copyright and other intellectual property in the content and design of this website including in the Subscription Material.
  2. Any person may make a temporary copy of all or part of this website for the sole purpose of viewing it and print a copy for personal use.
  3. A person must not otherwise reproduce, adapt, store, transmit, print, display, publish or create derivative works from any part of the content or design of this website except with MSK’s prior consent or as permitted by applicable copyright legislation.
  4. A person who sends or provides any content on this website grants a perpetual, irrevocable, non-exclusive royalty free licence to MSK and its designees to:
    1. use, reproduce and exploit any content submitted without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to the person or any third party; and
    2. allow MSK to sub-license others the same rights granted in accordance with paragraph 3.4(a).
  5. The licence shall include, without limitation, the irrevocable right to reproduce, prepare a derivative work, combine with other works, alter, translate, distribute copies, display, perform or license the ideas, expression of ideas or materials, and all rights contained therein, in MSK’s, or MSK’s designees throughout the universe in perpetuity in any and all forms of media.
  6. 1.6 Any person using this website acknowledges and agrees that MSK and others may create on their own or obtain ideas that may be similar or identical to the content that a person provides through this website or other channels and means. Users hereby waive any and all claims they may have had, may have, and/or may have in the future, that the ideas, expression of ideas or material accepted, reviewed and/or used by MSK or others may be similar to the ideas, expression of ideas or material of users of this website.

J. Links

  • This website may contain links to third party websites. MSK is not responsible for the condition or content of those websites. The links are provided solely for convenience and do not indicate, expressly or impliedly, any endorsement of the websites or the products or services provided in them.

K. Collection and use of information

  1. MSK may make a record of visits and log visits for statistical and business purposes. Such information may include a person’s server address, domain name, IP address, the date and time of visit, pages accessed, documents downloaded, previous website visited and the type of browser used.
  2. If MSK requires a person to complete an electronic form on this website and in doing so it requires personal information to be entered, MSK will collect that information to allow it to respond and may use it for other purposes in accordance with the law.
  3. This website may use “cookie” technology to assist in identifying registered users or Subscribers and delivering content specific to users’ interests. Cookies are pieces of information stored on an individual’s computer and are used for customising website. Information to improve user experience and for tracking user navigation. If a user does not wish information to be gathered on a cookie it should disable the acceptance of cookies by its web browser. The user’s internet service provider may be able to assist with this.

L. User content

  1. This website may allow users to comment on the website, participate in discussions forums or enter competitions.
  2. MSK does not assume any responsibility for the publication of any content, including but not limited to ideas, the expression of ideas, information and advice, not posted, sent or authored by MSK (User Content). The responsibility for User Content and all consequences flowing from such content lies with the user.
  3. All User Content posted to this website must be ethical and in accordance with accepted community standards.
  4. User Content posted to this website must not:
    1. violate any applicable law or regulations;
    2. violate the privacy of others;
    3. waste resources or prevent other users of this website from receiving the full benefit of this website;
    4. violate any intellectual property rights of others including, but not limited to, patents, trade marks or business names (whether registered or unregistered), confidential information and copyright;
    5. involve the posting of threatening, obscene or offensive material, including anything which is discriminatory;
    6. misrepresent or defame others;
    7. involve the commission of fraud;
    8. involve misleading or deceptive conduct;
    9. conduct any business or activity or solicit the performance of any activity that is prohibited by law;
    10. be used to seek access to or otherwise to obtain any confidential information regarding us;
    11. include unsolicited commercial messages, including by way of links to other sites;
    12. propagate computer worms, viruses or other types of malicious programs that are designed to disrupt, damage, or limit the functioning of any software or hardware;
    13. make transmissions of any type or quantity which adversely affect MSK’s operations or jeopardise the use of this website, or its performance for other users;
    14. harass or impersonate MSK, its officers or employees or any other person; or
    15. attempt to do any of the above; and users represent and warrant that they are authorised to provide any User Content sent or posted and that posting or sending such User Content does not constitute the prohibited conduct set out in sub-clauses (a) – o above.
  5. MSK reserves the right to, in its sole discretion, suspend or terminate a user’s access to the interactive or other functions of the website, including if MSK believes the user is abusing the service in any way, and/or has breached these terms.
  6. User Content may be moderated by MSK. However, User Content is not generally moderated, pre-screened, verified or edited prior to its appearance on this website and MSK accepts no responsibility for the conduct of any user of this website, including the posting of User Content.
  7. Any User Content, including access to a linked site, that is suspected to be in violation of these terms, should be reported immediately to MSK.
  8. MSK is not responsible for, and accepts no liability with respect to, any User Content uploaded, posted, transmitted or otherwise made available on this website by any person other than MSK. For the avoidance of doubt, MSK will not be taken to have uploaded, posted, transmitted or otherwise made material available on this website simply by facilitating others to post, transmit or other make material available. Furthermore, MSK does not endorse any opinion, advice or statement made by any person other than MSK.
  9. Users must not post hyperlinks that direct users to any content or information that would be in breach of these terms. Linked sites and content are not moderated by MSK, are not under MSK’s control, responsibility or endorsement and access to any linked site is at the user’s own risk.

M. Security

  • MSK provides no warranty in respect of the security measures on this website and is not responsible for any misuse, loss or unauthorised access, modification or disclosure of information provided to MSK.

N. Indemnity

  • Users of this website will at all times indemnify and keep indemnified, MSK or its designees and respective officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arises out of, in connection with or in respect of any breach of these terms by a user or from the provision of content by any person.

O. Proper law

  • The agreement between MSK and buyers and users of this website is governed by and must be interpreted in accordance with the laws of New South Wales, Australia. Each buyer, Subscriber and user unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.

P. Amendment

  • MSK may amend these terms by substituting amended terms on this website. Continued purchase of products or services, or use of this website following those amendments constitutes acceptance of those amendments. If a user objects to any amendments to the terms, use of this website should be immediately discontinued.
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