Terms & Conditions of Use
1. About the Websites
1.1. Welcome to M&G Hotel Group. These Terms and Conditions of Use cover all our websites – https://www.mghotelgroup.com.au, https://www.adelaidepulteneymotel.com.au/, https://www.manhattanmotorinn.com.au/, https://www.comfortinnglenelg.com.au/, https://greenwaysapartments.com.au/, http://www.oconnellinn.com.au/, https://www.hammondapartments.com.au/ (‘Websites’).
1.2. The Websites are operated by M&G Hotel Group Pty Ltd (ABN 77 6312 673 320). Access to and use of the Websites, or any of its associated Products or Services, is provided by M&G Hotel Group Pty Ltd (M&G Hotel Group).
1.3. Please read these terms and conditions (‘Terms’) carefully. By using, browsing and/or reading the Websites, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Websites, or any of Services, immediately.
1.4. M&G Hotel Group reserves the right to review and change any of the Terms by updating this page at its sole discretion. When M&G Hotel Group updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
2.1. You accept the Terms by remaining on the Websites. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in the user interface.
3. Copyright and Intellectual Property
3.1. The Websites, the content and all of the related products of M&G Hotel Group are subject to copyright. The material on the Websites is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Websites (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by M&G Hotel Group or its contributors.
3.2. All trademarks, service marks and trade names are owned, registered and/or licensed by M&G Hotel Group, who grants to you a worldwide, non-exclusive, royalty-free, revocable license to:
(a) use the Websites pursuant to the Terms;
(b) copy and store the Websites and the material contained in the Websites in your device’s cache memory; and
(c) print pages from the Websites for your own personal and non-commercial use
3.3 M&G Hotel Group does not grant you any other rights whatsoever in relation to the Websites or the content. All other rights are expressly reserved by M&G Hotel Group
3.4. M&G Hotel Group retains all rights, title and interest in and to the Websites and all related content. Nothing you do on or in relation to the Websites will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
3.5. You may not, without the prior written permission of M&G Hotel Group and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Websites, which are freely available for re-use or are in the public domain.
5. General Disclaimer
5.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
5.2. Subject to this clause 5, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) M&G Hotel Group will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
5.3. Use of the Websites and the content is at your own risk. Everything on the Websites and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of M&G Hotel Group make any express or implied representation or warranty about the content or any products or content referred to on the Websites. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Websites, the content, or any of its content related products (including third party material and advertisements on the Websites);
(c) costs incurred as a result of you using the Websites, the content or any of the products of M&G Hotel Group and
(d) the content or operation in respect to links which are provided for your convenience.
6. Food Information Disclaimer
6.1. The information contained in these websites is for general information purposes only and is not meant to substitute professional dietary advice or treatment. If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or, after taking any of our products, find you may have or be experiencing side effects, you should promptly contact your health care provider. Any statements regarding dietary supplements are to be used at your discretion and are not intended to diagnose, treat, cure or prevent any disease.
7. Limitation of liability
7.1. M&G Hotel Groups total liability arising out of or in connection with the content ff these Terms, however arising, including under contract, tort
(including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
7.2. You expressly understand and agree that M&G Hotel Group, its affiliates, employees, agents, contributors and licensors shall not be liable
to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
7.3. You acknowledge and agree that M&G Hotel Group holds no liability for any direct, indirect, incidental, special consequential or exemplary
damages which may be incurred by you as a result of providing your content to the Websites.
8.1. You agree to indemnify M&G Hotel Group, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Websites or attempts to do so; and/or
(c) any breach of the Terms.
9. Venue and Jurisdiction
9.1. The Services offered by M&G Hotel Group is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Websites, you agree that the exclusive venue for resolving any dispute shall be in the courts of South Australia, Australia.
10. Governing Law
10.1. The Terms are governed by the laws of South Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of South Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
11.1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.