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
Orders for products or services may be able to be made online through this website.
MSK is not obliged to fulfil any order or subscription unless the order is accepted by MSK.
C. Price and payment
Orders made through this website must be accompanied by valid payment.
Payment for an order or subscription to this website must be made at the time of requesting the products or services.
D. Delivery
MSK will endeavour to dispatch any ordered products by post within 7 days after order.
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.
Orders within Australia are inclusive of standard postage. The buyer will incur additional shipping costs for shipping outside
Australia.
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.
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
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:
supply of the products or services again; or
payment of the cost of having the products or services supplied again, at MSK’s option.
G. Termination of subscription
A Subscriber may, by notice in writing to MSK at info@mskennels.com terminate his or her subscription.
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
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.
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.
MSK is not liable for any damages, losses, costs or expenses resulting from any use or misuse of the information contained
on this website.
If MSK considers that information or content on this website is unreliable or inaccurate, it may, at its own election:
inform users of this website that this is the case;
endeavour to make an appropriate correction;
remove any information or content, including links to other websites, without giving any explanation or justification;
or
suspend the operation of all or any part of this website.
I. Intellectual property
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.
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.
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.
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:
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
allow MSK to sub-license others the same rights granted in accordance with paragraph 3.4(a).
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.
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
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.
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.
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
This website may allow users to comment on the website, participate in discussions forums or enter competitions.
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.
All User Content posted to this website must be ethical and in accordance with accepted community standards.
User Content posted to this website must not:
violate any applicable law or regulations;
violate the privacy of others;
waste resources or prevent other users of this website from receiving the full benefit of this website;
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;
involve the posting of threatening, obscene or offensive material, including anything which is discriminatory;
misrepresent or defame others;
involve the commission of fraud;
involve misleading or deceptive conduct;
conduct any business or activity or solicit the performance of any activity that is prohibited by law;
be used to seek access to or otherwise to obtain any confidential information regarding us;
include unsolicited commercial messages, including by way of links to other sites;
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;
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;
harass or impersonate MSK, its officers or employees or any other person; or
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.
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.
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.
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.
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.
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.
