Using the Momento Site Welcome to the Momento website (the "Site") provided by Momento Pro Pty Limited ("Momento", "we", "us" and "our") ABN 52 107 433 965, New South Wales, Australia. 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.
Welcome to the Momento website (the "Site") provided by Momento
Photobooks Limited ("Momento", "we",
"us" and "our"), Company
Registration No 1953432, Auckland, New Zealand and Momento Pty (“Our
Partner”) ABN 52107433965, NSW, Australia. 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.
Third Party Software and Links
The Site requires use of some third party software - Adobe Acrobat PDF, Macromedia
Flash Player and Java. 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 and Our Partner 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.
Ownership of content on the Site
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 owned by Momento
and Our Partner.
You may not modify, copy, reproduce, transmit or distribute the Content without
Momento's prior consent.
Linking to this Site will only be permitted with our prior written permission.
Please email us at sales@momento.co.nz
if you wish to link to the Site.
Disclaimer of Warranty, Limits of Liability and Indemnity
Momento or Our Partner are 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 and our Partner’s 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 OR OUR PARTNER 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.
General:
This Site is a New Zealand website and your access to and use of the Site
is subject to the laws of New Zealand and the parties submit to the exclusive
jurisdiction of the courts of that country. You must ensure that your access
to the Site is legal by the laws that apply to you.
Privacy Policy
At Momento Photobooks Ltd (Momento) , we see the protection of your Privacy
to be of great importance. Our Site conforms to the New Zealand Privacy Guidelines
contained within the Privacy Act and adheres to all Anti-Spam Regulations 2004.
Cookies are not used, allowing you to access and browse www.momento.co.nz
(the Site) without disclosing any personal information. The only personal data
collected by us is the information you provide during Member Registration, Profile
Updates or via email direct to Momento. We do not retain credit card details.
Your personal data will only be used for the purpose for which you have provided
it and will not be disclosed to third parties without your consent. Momento's
ISP, delivery and merchant facilities are permitted to use such data only to
process and deliver your order, and are not permitted to retain, store, share,
or use the data for any other purpose.
No attempt will be made to identify you or your browsing activity except,
in the unlikely event of an investigation, where a law enforcement agency may
produce a warrant to inspect our ISP's logs. Aggregated demographic data may
be shared with strategic partners but it is not linked to data that could potentially
identify you.
To maximise the safety of your information all files will remain secured on
our servers, and only accessible to you through your confidential User Name
and Password. Previews of your book files are only available to the guests you
invite to the Site, by means of a unique URL. For the convenience of your guests
no password is required.
If you have given your approval, we may from time to time send you information
about new features of the Momento service.
If you do not wish to receive these announcements or you have a question about
our Privacy Policy please email us at sales@momento.co.nz
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