These Terms and Conditions govern the website operated and provided by THE MORNINGTON PENINSULA (ABN 59 562 030 481) under the domain name ‘https://themorningtonpeninsula.com.au’.

These Terms and Conditions (hereinafter –  T&Cs) regulates the legal relations between the Website and the User. Each Website User is obliged to read the T&Cs. By staying on the site or placing an order, the User automatically agrees to the Terms of this Agreement.

If you do not agree to these terms, you must leave this website immediately.

“We”, “Ourselves”, “The company”, “Us”, “The Website” refers to our Company.

“The User”, “Visitor”, “You”, “Your” refers to the person who visits the Website regardless of the purpose.

“Party”, “Parties”, or “Us”, refers to both the Visitor and ourselves, or either the Visitor or ourselves.

“Online services” means our web-based services

Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

Introduction

  1. These T&Cs are a public offer that regulates the rules for using the Website. The T&Cs are a publicly available document. Everyone can familiarize themselves with its terms.
  2. By staying on the website or placing an order, the User agrees to the Terms of these T&Cs in full.
  3. We may at any time, in our sole discretion, amend, vary or modify these T&Cs without notice.
  4. Alteration to these T&Cs will come into force forthwith, and any following use by you of this website will establish your acceptance of the modifications and the then-current terms and conditions of use of this website.
  5. We may, without notice, terminate or put this website on hold or any part of the website under any circumstances.
  6. The party’s effort of rights under these T&Cs is not subject to the consent of any third party.

Privacy

  1. Our Website uses cookies and other instruments to gather and keep Personal Data; by using our Website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the Terms of our Privacy policy.
  2. Any personal information that we get will be gathered and disclosed in accordance with the Privacy Policy.

Endorsement

The listing of a business or person in any part of this website should not be understood as the endorsement by the City of the products or services of the person or business.

Copyright notice and rules

  1. In accordance with the law and the terms of the:
  • we own and control all the copyright and other intellectual property rights of our website and the content on our website;
  • all the copyright and other intellectual property rights of our website materials and the website are reserved;
  • copyright and other intellectual property rights of content from open sources belong to its authors.
  1. “Material”, “content” means all works and materials including without limitation text, images, audiovisual material, audio material, graphics, video material, software and other types of files that are published on our website.
  2. You do not have the right to interfere with the operation of the website in any way.
  3. You may not pass off content from this website as your own.
  4. You do not have the right to use, modify, supplement, transfer, or distribute the website content and software for commercial purposes.
  5. Trademarks, brand names of goods, photographs, designs, etc. are protected as copyrighted property. No one has the right to use them without the written consent of the owner.
  6. This agreement cannot be interpreted as a consent to the use of intellectual property.
  7. Advertising banners and other promotional materials are placed on the website on a commercial or affiliate basis.
  8. Some of the information provided on this website is supplied by third parties.
  9. You must understand that third party information is not provided or endorsed by us and your legal relationship is with the third party supplier.
  10. The party’s effort of rights under these T&Cs is not subject to the consent of any third party.

How can the User use this Website?

  1. You may:
  • look over pages from our website online;
  • download pages from our website for caching in a web browser;
  • print pages from our website for personal use;
  • use our website services by means of a web browser, in accordance with the T&Cs.
  1. You must not download any content from our website or save any such material to your computer except the cases stipulated by these contracts.
  2. You may only use our website and content for your own personal and business purposes. Likewise, you must not use our website for any other purposes.
  3. Unless you own or control the appropriate rights in the content of the Website, you must not:
  • republish material from our website in any way;
  • vend, rent or sublicense material from our website;
  • publicly show any material from our website;
  • enterprise content from our website for any commercial purpose;
  • reproduce content from our website.
  1. You may redistribute our printed or electronic newsletter to everyone.
  2. We hold the right to limit access to our whole website or its some part of our own volition.
  3. You must not:
  • use our website in any illegal, fraudulent or harmful way;
  • use the website in connection with any purposes or activities that may be considered as unlawful, illegal, fraudulent or harmful;
  • take any actions that may cause damage to the website or damage the performance, availability or accessibility of it;
  • use our website in any way that may be linked to any computer virus, spyware, worm, keystroke logger or other hostile computer software;
  • lead any data collection activities without our express written agree;
  • interact with our website in any way with using any program or other automated means;
  • use any data collected from our website for any marketing activity.
  1. You must ensure that all the information you contribute to us through (or for) this website is true, accurate, current, completed and non-misleading.

 Limited liability

  1. We are not liable for any direct, indirect, special, incidental, exemplary or consequential damages (including for loss of profits, information, goodwill, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or other losses) resulting from:
  • non-authorized access to this website;
  • the use or inability to use online services;
  • alterations of your transmissions to or from this website;
  • negative consequences or the loss or misuse of your digital identification or username and password;
  • statements or performance of any third party;
  • any other situations relating to this website beyond our reasonable control.
  1. The limitations and exclusions of liability:
  • are subject to these T&Cs;
  • control all liabilities arising under these T&Cs or relating to the subject matter of it.
  1. We are not liable for any loss or corruption of your data, database or software.
  2. You accept that we have an interest in limiting the personal liability of our officers and employees.
  3. You agree that you will not bring any claim personally against our officers/employees concerning your losses in connection with this website or these T&Cs.

Registration and password

  1. You may visit the Website by registering on it or without registration.
  2. The transfer of personal data of the User is governed by the Privacy Policy.
  3. To be suitable for an individual account on our website, you must be at least 18 years of age and/or have the permission of your legal guardian.
  4. You may register for an account by fulfilling the account registration form. We will send you an email. You must click on the verification link in the email.
  5. If you become aware that somebody has unauthorized use of your account, you must notify us in writing immediately.
  6. Nobody must use any other person’s account to access the website, without the person’s express permission to do so.
  7. If you register an account, we provide you with / you will be asked to choose a username and password.
  8. You are liable to mislead and must follow the content rules of our website.
  9. You must not use your account for/in connection with the imitation of any person.
  10. Your password is private. Don’t give it to anybody.
  11. You must inform us in writing immediately if you become aware of any disclosure of your password or account.
  12. You are responsible for any action on our website, therefore you are responsible for any losses arising out of your failure of account or password If you don’t inform us of any failure to keep your password confidential immediately.

Using of the Website

  1. We may:
  • hang your account;
  • close your account;
  • correct your account information at any time in our sole discretion without notice or explanation.
  1. You may close your account at any time.

Linking

  1. Our website may contain links to other websites.
  2. We do not accept any liability or responsibility for any such websites.
  3. It is your own risk to visit these websites.
  4. You are welcome to put links on your website pointing to our website. In such case, we ask for adopting the following guidelines for linking: https://themorningtonpeninsula.com.au/

Breaches of these T&C

  1. If you breach these T&C in any way, or if we reasonably suspect that you have breached these T&Cs in any way, we may:
  • send you formal warnings;
  • temporarily hang your access to our website;
  • hang or remove your account ;
  • forbid your access to our website forever;
  • block devices with your IP address from accessing our website;
  • contact your internet provider with the request to block your access to our website;
  • commence legal claim against you, whether for breach of contract or otherwise.

Variation

  1. We may change these T&Cs any time.
  2. New T&C shall apply to the use of our website after publication on the website.
  3. We will not give you written notice of revision of these T&Cs, so you must read our T&Cs from time to time.
  4. If you do not agree to the new T&Cs, you must stop using our website.

Severability

  1. If any provision of these T&Cs is determined by any court or other competent authority as unlawful and/or unenforceable, the other provisions will continue to be in force.

Governing

  1. The laws of the State of Victoria, Australia govern these T&Cs and any agreement formed under them.
  2. Parties conclusively and absolutely consent to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia, without reference to conflict of law principles.