This website located at www.montmarte.net (“Website”) is owned and operated by Mont Marte International Pty Ltd (ABN 56 101 589 897) (“Mont Marte”).
You agree that you will comply with all relevant laws and regulations when using the Website and will not use the Website for any purpose that is unlawful and will comply with all relevant laws and regulations. Without limiting the foregoing, you agree that you will not use the Website: to spam; to collect information about others without their consent; to transmit or upload any content that contains viruses or any other harmful programs or that breaches any laws (including, without limitation, intellectual property laws) or privacy rights; to interfere with or disrupt the Website; to interfere with any other person’s use or enjoyment of the Website; or to attempt to gain unauthorised access to any services or information.
Copyright and trade marks
All materials and content on the Website (including but not limited to any and all text, images, photographs, illustrations, graphics, diagrams, artworks, audio/video recordings, trade marks, service marks, designs, and layouts), are the property of or licensed to Mont Marte and subject to protection under copyright, trade mark and other intellectual property laws and international conventions. This Website may contain commercially-sensitive and valuable information which is both confidential and protected by copyright.
“MONT MARTE”, the “MONT MARTE” logo, “CREATIVE KIDS”, the “MONT MARTE CREATIVE KIDS” logo, “KIDS COLOUR”, the “KIDS COLOUR” logo, the “I-DESIGN” logo, “ART SHED”, the “ART SHED” logo, the “CRAFT SHED” logo, the “WORK SHED” logo, the “ARTIST’S CORNER” logo, and all other brand names, logos and taglines used on the Website are registered or unregistered trade marks in Australia and other countries owned by Mont Marte or used under license.
You may download and save a temporary copy of material from the Website for the limited purpose of viewing the Website for personal use or considering procuring Mont Marte’s products for business purposes. However, you may not use the material on the Website in any other way (including but not limited to copying, reproducing, republishing, transmitting, distributing, modifying, adapting or otherwise using any part of the Website) without the express prior written consent of Mont Marte.
Reasonable efforts are taken to ensure that the content on this Website Is accurate and up-to-date. However, Mont Marte makes no warranties or representations about the accuracy, correctness, reliability or completeness of the information provided.
All products shown on the Website are subject to availability. Products are only available in the colour combinations, styles and materials shown, unless otherwise indicated.
Mont Marte does not sell products directly to the general public. Mont Marte products are sold through approved retailers. Product ranges and stock availability may vary from store to store.
When you submit any materials via the Website, including comments, recordings, photographs, artworks and images (collectively, “User Content”), unless Mont Marte advises otherwise, you license and grant Mont Marte, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such User Content for any purpose in any media, without compensation, restriction on use, attribution or liability. You agree not to assert any moral rights in relation to such use. You warrant that you have the full authority to grant these rights.
You agree that you are fully responsible for the User Content you submit. Mont Marte shall not be liable in any way for such User Content to the full extent permitted by law. Mont Marte may remove any User Content without notice for any reason whatsoever. You warrant and agree that: (a) you will not submit any User Content that is unlawful or fraudulent, or that Mont Marte may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (b) you will obtain prior consent from any person or property who may appear in your User Content; (c) your User Content shall not contain viruses or cause injury or harm to any person or entity; and (d) you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems. Without limiting any other terms herein, you indemnify Mont Marte for any breach of the above terms.
Modifying the Website
Mont Marte may modify, supplement or delete the contents of the Website and/or modify, suspend or discontinue any services available on the Website, at any time, without notice.
As Mont Marte does not sell directly to the public, goods purchased from retail stores that are found to be faulty must be returned to the store of purchase.
To the full extent permitted by law, Mont Marte excludes all terms, conditions, warranties and representations, whether express or implied, and excludes all liability in contract, tort (including negligence), or otherwise for loss or damage (whether direct or indirect) suffered or incurred as a result of access to or use of this Website. If Mont Marte is liable for breach of any implied warranty or condition that cannot be excluded, then, in any event, Mont Marte’s liability shall be limited to, at Mont Marte’s option: in the case of goods, replacing or repairing the goods; or in the case of services, re-supplying the services, or paying for the costs of re-supplying the services.
Mont Marte assumes no responsibility for any technical malfunction, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, virus, bug, tampering, theft or destruction or unauthorised access to or alteration of the Website, or any injury or damage to any person’s computer related to accessing or downloading any materials from this Website.
You hereby waive, release and hold harmless Mont Marte, its directors, employees, agents and representatives, from and against any and all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) that you may have or would have had in connection with, or arising out of, or incidental to, your access to this Website and/or your purchase and/or use of any products advertised herein.
Any communications sent to this Website or otherwise to Mont Marte by electronic mail are on a non-confidential basis, and Mont Marte may reproduce, publish, or otherwise use such communications in any way for any purpose, subject to relevant privacy laws.
Links to other websites
This Website may provide links or references to other sites originating from other companies, individuals or organisations. These links are provided solely for the convenience of the users. Mont Marte does not necessarily endorse or sanction of any third-party website or any products or services advertised on third-party websites. The inclusion of a link does not imply an affiliation with any third-party website.
Mont Marte has no control over or responsibility for the content or operation of third-party websites and shall not be liable for any damages or injury arising out of or resulting from access to or use of such sites. If you visit any third-party websites, you should check the relevant terms, conditions and policies applicable on that those websites.
Updated 19 December 2011