Enquiries
55 Frome Street, Adelaide South Australia 5000 Map

Within Australia

Phone: (08) 8100 4499   Enquiries: roofgarden@majestichotels.com.au
Fax: (08) 8100 4488   Manager: Michael Collis
Freecall: 1800 008 499     michael@majestichotels.com.au

International

Phone: +61 8 8100 4499

Legal

Website Usage Agreement

Web Use Agreement

This Agreement governs your use of the Majestic Hotels Site located at http://www.majestichotels.com.au (collectively ‘the Site’). It is by and between The Culshaw Group of Companies trading as Majestic Hotels and you. It exempts Majestic Hotels and other persons from liability or limits their liability. By using the Site, 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 Site.

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 Site and all content, information, products and services available on or through the Site. This Agreement also provides benefits to Majestic Hotels’s affiliates, service providers, suppliers and other persons.

Each time you use/amend/upload/update the Site 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 Site.

This Agreement is in addition to any other agreement you may have with Majestic Hotels.

 

2. PERMISSION TO USE THE SITE

It is solely your responsibility to determine whether your use of the Site is lawful, and you must comply with all applicable laws.

3. CHANGES TO THIS AGREEMENT

Majestic Hotels may, in its sole discretion, change this Agreement from time to time as it relates to future use of the Site, by posting a revised Agreement to the effected party. By using the Site 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 SITE

The Site (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 Site) is the property of Majestic Hotels, and is protected by Australian and international copyright, trademark and other laws. Your use of the Site does not transfer to you any ownership or other rights in the Site or its content. The Site is made available to you for your lawful agreed use only. You may use the Site only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Site for any other purpose or in any other manner is strictly prohibited.

You may print Site 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 Site 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. You may not sell or resell any part of the Site or access to the Site. You may not use any of the software that is used in the operation or provision of the Site except while you are using the Site in accordance with this Agreement.

5. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY AND PRICES

Majestic Hotels endeavours to provide current and accurate information on the Site. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Majestic Hotels cannot guarantee that products and services advertised on the Site will be available when ordered or thereafter. Majestic Hotels does not warrant that the content of the Site including, without limitation, product descriptions or photographs, is accurate or complete.

Majestic Hotels 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, the Majestic Hotels logo, and other names and logos appearing on or in connection with the Site (the "Marks") registered or unregistered trademarks, service marks, trade names and logos owned or licensed by Majestic Hotels. Any use of the Marks, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Site 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 Site without the express written permission of Majestic Hotels are strictly prohibited. To request permission to link to the Site, please send an email to marketing@majestichotels.com.au. Majestic Hotels may in its discretion cancel and revoke any permission it may give to link to the Site at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of the Site 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 Site are accessible only to users who have been issued a login name and password (collectively "Codes") by Majestic Hotels. For the purposes of accessing the Site, the Codes remain the property of Majestic Hotels and may be cancelled or suspended at any time by Majestic Hotels in its discretion without any notice or liability to you or any other person.

9. SOFTWARE AGREEMENTS

Majestic Hotels may cause software to be available for you to download from the Site 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.

10. CONTESTS

From time to time Majestic Hotels may make contests available to users of the Site and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Site, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.

12. YOUR INFORMATION

All information you provide through the Site, 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 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 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 SITE IS AT YOUR OWN RISK. THE SITE 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 Site is derived from a number of sources. While Majestic Hotels 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 does not warrant or accept any liability in relation to the quality, operability or accuracy of the information on this Site. To the fullest extend permitted by law, Majestic Hotels 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 Site 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

LIABILITY EXCLUSIONS

MAJESTIC HOTELS 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 SITE 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 OR ANY PERSON FOR WHOM MAJESTIC HOTELS IS RESPONSIBLE, AND EVEN IF MAJESTIC HOTELS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.

 14. PERSONAL INFORMATION PRIVACY

By accepting this Agreement, and each time you use the Site, you consent to the collection, use and disclosure of your personal information by Majestic Hotels in accordance with the Privacy Policy as it then reads.

 15. OTHER SITES/RESOURCES

For your convenience, the Site 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, and Majestic Hotels has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Majestic Hotels 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 Site is at your own risk, and you will not make any claim against Majestic Hotels 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, this Agreement, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services and content

16. TERMINATION

Notwithstanding any other provision of this Agreement, Majestic Hotels may in its discretion change, discontinue, modify, restrict, suspend or terminate the Site or any part of it without any notice or liability to you or any other person. Majestic Hotels 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 Site 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 Site is terminated for any reason, then this Agreement and all other then existing agreements between you and Majestic Hotels will continue to apply and be binding upon you regarding your prior access to and use of the Site, 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 Site, 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 or any other person arising from, connected with or relating to the Site, 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 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 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.

General

These Terms & Condition 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 by telephone, email, or postal mail:

Majestic Hotels

PO Box 370 Rundle Mall

South Australia 5000

 

email: marketing@majestichotels.com.au