WEBSITE TERMS AND CONDITIONS (NZ)
current as at 7 Feb 2015
Welcome to the Momento website (the "Site") provided by Momento Pro Limited NZ Company No. 4662119, NZBN 9429030051874 (with our licensees, assigns, affiliates and related companies, "Momento", "we", "us" and "our"). By accessing the Site you accept and agree to the Terms and Conditions set out below. These Terms and Conditions may be updated or changed by us from time to time so please take the time to check and read them each time you access the Site.
Your acceptance of these Terms and Conditions creates a binding legal agreement between you and Momento pursuant to which you agree to comply with these Terms & Conditions and use the Site only in a manner consistent with these Terms and Conditions. If you do not agree with these Terms and Conditions, do not access or use the Site.
The Site requires use of some third party software – Adobe Acrobat PDF, Macromedia Flash Player and ActiveX. Links are provided for downloading the relevant free software.
While we host the Site, some material available on the Site has been contributed by others. The Momento Services Directory includes links to providers of complementary products and services, and is provided for your convenience only.
We do not make any representations or promises about or endorse any other content, software or websites that may be accessed from this Site and we are not responsible for any content, services or software available from these linked sites including without limitation the quality, accuracy, merchantability or fitness for purpose of any material on other websites to which the Site is linked. You link to any such website entirely at your own risk.
Unless specifically stated otherwise, all components of the Site, including all text, graphics, photos and software (the "Content") are protected by copyright and other intellectual property rights and are generally owned by Momento.
As a result of licence agreements entered into by Momento, content in which third parties own intellectual property rights (including copyright and trade marks) may also be available to you on the Site to use in Photo Products (“Licensed Content”). Relevant third parties retain all rights in Licensed Content, and you agree not to use Licensed Content except as specifically permitted by these terms. In particular, Momento has reached agreement with the Walt Disney Company (Australia Pty Ltd) (“Disney”) to make certain materials available to you (“Disney Content”), and Disney and its affiliates retain all intellectual property (including all copyright and trade marks) in that content.
You may not modify, copy, reproduce, transmit or distribute the Content without Momento's prior consent.
You may not use software or any other means to capture images of Disney Content from the Site.
Linking to this Site will only be permitted with our prior written permission. Please email us at email@example.com if you wish to link to the Site.
Momento is not liable to you for any loss you suffer in connection with your access or use of the Site, any linked website or any software available at the Site.
To the extent permitted by applicable law, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.
Where legislation implies in these Terms and Conditions any condition or warranty and that legislation prohibits a contract excluding liability under such condition or warranty, the condition or warranty shall be deemed to be included in these Terms and Conditions. However, our entire liability and your exclusive remedy for breach of such condition or warranty shall be limited, at our option, to either repairing or replacing the product that does not meet the warranty or condition (if it is returned to us) or the price paid by you to us for that product or service.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SITE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITED WARRANTY AND LIMITED REMEDY MAY NOT APPLY TO YOU.
If you breach these Terms & Conditions you agree to fully indemnify us for any loss we suffer.
Your access to and use of the Site is subject to the laws of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts of that state. You must ensure that your access to the Site is legal by the laws that apply to you.