INFORMATION THAT IS GATHERED FROM VISITORS
• In common with other websites, log files are stored on the web server saving details such as the visitor’s IP address, browser type, referring page and time of visit.
• Cookies may be used to remember visitor preferences when interacting with the website.
• Where registration is required, the visitor’s email, username and other information will be stored on the server.
HOW THE INFORMATION IS USED
• The information is used to enhance the visitor’s experience when using the website to display personalised content and possibly advertising.
• Email addresses and other contact information will not be given, sold, rented or leased to 3rd parties.
• Email may be sent to inform you of news of our services or offers by us or our affiliates, if you have explicitly requested this.
• If you have subscribed to one of our services, you may unsubscribe by following the instructions which are included in the email that you receive.
• You can contact us to see what information we have collected about you, and can request us to remove any and all information about you.
• You may be able to block cookies via your browser settings, but this may prevent you from access to certain features of the website.
• Cookies are small digital signature files that are stored by your web browser that allow your preferences to be recorded when visiting the website. Also, they may be used to track your return visits to the website.
WEB USE AGREEMENT
This Agreement governs your use of the Majestic Hotels & Apartments Sites located at:
(collectively ‘the Sites’).
It is by and between The Culshaw Group of Companies trading as Majestic Hotels & Apartments and you. It exempts Majestic Hotels & Apartments and other persons from liability or limits their liability. By using the Sites, you acknowledge and signify that you have read, understood, and agreed to be bound by this Agreement. If you do not accept and agree to this Agreement, you may not access or use the Sites.
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, “”person”” includes natural persons and any type of incorporated or unincorporated entity) regarding your access to and use of the Sites and all content, information, products and services available on or through the Sites. This Agreement also provides benefits to Majestic Hotels & Apartments affiliates, service providers, suppliers and other persons.
Each time you use/amend/upload/update the Sites you signify your acceptance and agreement, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Sites.
This Agreement is in addition to any other agreement you may have with Majestic Hotels & Apartments.
2. PERMISSION TO USE THE SITES
It is solely your responsibility to determine whether your use of the Sites is lawful, and you must comply with all applicable laws.
3. CHANGES TO THIS AGREEMENT
Majestic Hotels & Apartments may, in its sole discretion, change this Agreement from time to time as it relates to future use of the Sites, by posting a revised Agreement to the effected party. By using the Sites after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised agreement. You may not change this Agreement in any manner.
4. OWNERSHIP AND PERMITTED USE OF THE SITES
The Sites (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Sites) is the property of Majestic Hotels & Apartments, and is protected by Australian and international copyright, trademark and other laws. Your use of the Sites does not transfer to you any ownership or other rights in the Sites or its content. The Sites is made available to you for your lawful agreed use only. You may use the Sites only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Sites for any other purpose or in any other manner is strictly prohibited.
You may print Sites pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Sites and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Majestic Hotels & Apartments. You may not sell or resell any part of the Sites or access to the Sites. You may not use any of the software that is used in the operation or provision of the Sites except while you are using the Sites in accordance with this Agreement.
5. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY AND PRICES
Majestic Hotels & Apartments endeavours to provide current and accurate information on the Sites. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Majestic Hotels & Apartments cannot guarantee that products and services advertised on the Sites will be available when ordered or thereafter. Majestic Hotels & Apartments does not warrant that the content of the Sites including, without limitation, product descriptions or photographs, is accurate or complete.
Majestic Hotels & Apartments reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person.
6. TRADE-MARK INFORMATION
Majestic Hotels & Apartments, the Majestic Hotels & Apartments logo, and other names and logos appearing on or in connection with the Sites (the “”Marks””) registered or unregistered trademarks, service marks, trade names and logos owned or licensed by Majestic Hotels & Apartments. Any use of the Marks, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Sites or elsewhere shall be construed as granting, by implication or otherwise any licence or right to use any of the Marks.
7. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
Links to the Sites without the express written permission of Majestic Hotels & Apartments are strictly prohibited. To request permission to link to the Sites, please send an email to email@example.com. Majestic Hotels & Apartments may in its discretion cancel and revoke any permission it may give to link to the Sites at any time and without any notice or liability. The framing, mirroring, scraping or datamining of the Sites or any of its content in any form and by any means is strictly prohibited.
8. LOGIN NAMES AND PASSWORDS
Certain areas and features of the Sites are accessible only to users who have been issued a login name and password (collectively “”Codes””) by Majestic Hotels & Apartments. For the purposes of accessing the Sites, the Codes remain the property of Majestic Hotels & Apartments and may be cancelled or suspended at any time by Majestic Hotels & Apartments in its discretion without any notice or liability to you or any other person.
9. SOFTWARE AGREEMENTS
Majestic Hotels & Apartments may cause software to be available for you to download from the Sites or through other Sites and Internet resources. The software is protected by copyright, and your downloading and use of the software is governed by the applicable transaction agreement and the Software Licence Agreement specific to the software. By downloading software, you signify your agreement and acceptance of the applicable transaction agreement and Software Licence Agreement.
From time to time Majestic Hotels & Apartments may make contests available to users of the Sites and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Sites, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
12. YOUR INFORMATION
All information you provide through the Sites, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. Majestic Hotels & Apartments will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Majestic Hotels & Apartments or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
13. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY
Disclaimer of Liability
Your access to and use of the sites is at your own risk. The sites is provided on an “”as is”” and “”as available”” basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, fitness for a particular purpose, merchantability, performance or durability, all of which are disclaimed by proforma to the fullest extent permitted by law.
The information contained on this Sites is derived from a number of sources. While Majestic Hotels & Apartments has endeavoured to ensure that the information is correct and complete at the time of publication, this in no way warrants that any of the information is correct or complete. While care has been taken to ensure that the information supplied is correct, Majestic Hotels & Apartments does not warrant or accept any liability in relation to the quality, operability or accuracy of the information on this Sites. To the fullest extent permitted by law, Majestic Hotels & Apartments and its employees and agents shall have no liability (including but not limited to liability by reason of negligence) for any loss, damage, cost or expense whether direct, indirect, consequential or special, incurred by, or arising by reason of, any person using or relying upon the information, and whether caused by reason of any error, omission or misrepresentation in the information or otherwise. Users of the Sites will be responsible for making their own assessment of the information both on this and other cross-referenced sites, and should verify all relevant representations, statements and information.
Majestic Hotels & Apartments and its providers will never be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the sites or this agreement including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Majestic Hotels & Apartments or any person for whom majestic hotels is responsible, and even if Majestic Hotels & Apartments has been advised of the possibility of such loss or damage being incurred.
14. PERSONAL INFORMATION PRIVACY
15. OTHER SITES/RESOURCES
For your convenience, the Sites may include links or references to other Internet sites or resources and businesses operated by other persons (collectively “”Other Sites””). Other Sites are independent from Majestic Hotels & Apartments, and Majestic Hotels & Apartments has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Majestic Hotels & Apartments does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against Majestic Hotels & Apartments arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and Majestic Hotels & Apartments, this Agreement, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services and content.
Notwithstanding any other provision of this Agreement, Majestic Hotels & Apartments may in its discretion change, discontinue, modify, restrict, suspend or terminate the Sites or any part of it without any notice or liability to you or any other person. Majestic Hotels & Apartments may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Sites without any notice or liability to you or any other person. If this Agreement or your permission to access or use all or any part of the Sites is terminated for any reason, then this Agreement and all other than existing agreements between you and Majestic Hotels & Apartments will continue to apply and be binding upon you regarding your prior access to and use of the Sites, and anything connected with, relating to or arising there from.
17. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, your access to and use of the Sites, and all related matters are governed solely by the laws of South Australia, Australia and applicable federal laws of Australia. Any dispute between you and Majestic Hotels & Apartments or any other person arising from, connected with or relating to the Sites, this Agreement, or any related matters (collectively “”Disputes””) will be resolved before the Courts of South Australia, Australia and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all disputes.
18. OTHER MATTERS
If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect. This Agreement ensures to the benefit of and is binding upon each of Majestic Hotels & Apartments and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. Majestic Hotels & Apartments may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties. Any rights not expressly granted by this Agreement are reserved to Majestic Hotels & Apartments.
These Terms & Conditions shall be governed by and interpreted in accordance with the laws of South Australia. Users will not use this site for any purpose or in any way which is unlawful. This site may contain links to other web sites and files. We have no control over their content and cannot ensure it will not be offensive or objectionable. We will, however, remove links to material that we feel is inappropriate as we become aware of them.
You may contact Majestic Hotels & Apartments by telephone, email, or postal mail:
Majestic Hotels & Apartments
PO Box 370, Rundle Mall
Adelaide, South Australia 5000