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Terms & Conditions

Welcome to the Momentz web site. By continuing to browse and shop on this site you agree to comply and be bound by the following terms of use. The owner of this website is Momentz - The Artists Framer and shall be referred to in the following terms and conditions as Momentz, ‘us’ or ‘we’.

(1) Copyright This Web site and each part of it (including but not limited to images, product descriptions, promotional materials and source code), are protected by the Copyright Laws of Australia and, through international treaties, other countries. All rights are reserved to Momentz.

(2) Licence to Use Website. Momentz own the intellectual property right in the website that is the design, layout, appearance and any graphics used in this website is owned by us.

You may not, (i) frame, (ii) transmit or show any part of the website in public, (iii) adapt, (iv) republish (including publishing on another website), (v) sub licence, rent or sell any material from the website, (vi) duplicate or reproduce any material on our website for a commercial purpose or otherwise use or modify any of the material on this Web site. Reproduction of any part of this website is strictly prohibited and unauthorized use of such may give rise to a claim for damages. You may download for caching purposes only, view and print pages from the website for personal use only subject to the restrictions set out above and elsewhere in the "Conditions of Use". 
While we make every effort to provide accurate information through the pages of this website, neither we nor any third parties provide any guarantee as to the accuracy. You agree that inaccuracies may occasionally be included in information provided on this website and we are excluded from any liability for any such errors.

(3) Acceptable Use. The Momentz website must not be used in any way that may cause or causes impairment of access or damage to the website; the website must not be used for any fraudulent, harmful, unlawful, illegal purpose or in connection with such activity. This website must not be used to conduct any automated data collection, extraction, or harvesting. You must not use this website to host, transmit, send, use, publish or distribute any material that consists of or is linked to spyware, computer viruses, keystroke logger or any other pornographic or malicious computer software.

(4) Purchase of Goods; Any order placed by you via this Web Site constitutes an offer by you to Momentz for the purchase of a particular product or service for the price (including the delivery and other charges) specified in this Web Site at the time you place your order.

We reserve the right to accept or reject any offer for any reason, including, but not limited to, the unavailability of any product, abuse of the 30 day money back guarantee, an error or omission in the price or the product description, photos or materials deemed by us to be unsavoury, or an error in your order.

(5) Limited Warranties. While we endeavour at all times to publish accurate pricing, prices stated on our website may at times be stated incorrectly and therefore we do not warrant its completeness or accuracy; neither do we make a commitment ensuring the website remains available or that all material is updated. Should an item be offered mistakenly at an inaccurate price we reserve the right to withdraw said item from sale at this price.

(6) Freight We use only reputable postage and freight companies, who provide insurance for goods in their care. We will not be held liable for loss, theft or damage of goods in transit but will make every effort to facilitate the compensation for such loss, theft or damage via the insurance offered. We will not be held liable for any loss of time or inconvenience incurred through the loss, theft or damage of goods in transit.

(7) Limitations of Liability. Our liability to you in relation to the use of our website under these terms of use, whether in contract, tort (including negligence) or otherwise will be limited as follows: (i) As the website and the information contained therein are provided free of charge we shall not be liable for loss or damage (consequential or indirect) of any nature; (ii) neither shall we be liable for any loss of profit, anticipated savings, income, revenue, reputation, data, contracts/business or goodwill; (iii) we will not be liable for any damage or loss arising out of any event beyond our control.

(8) Indemnity. You hereby indemnify us against any losses, damage, liabilities and damages (including without limitation legal expenses) Incurred or suffered by us arising from any breach by you of any of these 'conditions of use" or any claim that you have breached any provision of these "conditions of use".

(9) Breaches of these "Conditions of Use". Without prejudice to our rights under these 'conditions of use', if you breach these conditions or terms in any way, we may take any action we deem appropriate which may include but not be limited to bringing legal proceedings against you, blocking computers using you IP address from accessing the website, contacting your internet service provided to request that they block you access to the website or suspending your access to the website.

(10) Images Momentz are not liable in relation to any image supplied for reproduction. By use of this website you agree that all images you supply are your property or you have the relevant permission to reproduce. Momentz will not knowingly reproduce any image unlawfully.

(11) Amendments to Conditions of Use. Momentz reserves the right to make amendments to these 'conditions of use' from time to time. New or revised conditions or terms of use will apply to the use of our website from the date of publication on said website. In order to be aware of the current version of the 'conditions of use' we advise reading these 'conditions of use' regularly.

(12) Links From time to time this website may include links to other websites which are only included for your information and convenience. We do not claim to endorse other websites and accept no responsibility for their content.

(13) Cancellations We take pride in our fast product turn around times. We will accept cancellations of any order prior to work commencing on such. If however, the product has been shipped then, you the customer, would need to take advantage of the 30 day money back guarantee for a refund, conditions apply. See the 30 Day Money Back Guarantee terms and conditions .

(14) Assignment. We reserve the right to transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use.

(15) Severability. If any provision of these conditions of use is deemed by a court or other competent authority to be unenforceable all other provisions will continue in effect. The provision or part thereof deemed to unenforceable will be deleted and the rest of the provision will remain in effect.

(16) Exclusion of third party rights. These 'conditions of use' are for the benefit of you and Momentz and are not intended to be enforceable by any third party. The exercise of OUR rights (you and Momentz) is not subject to the consent of any third party.

(17) The Agreement. These 'Conditions of use' together with our privacy policy supersede all previous agreements in respect of your use of the Momentz website.

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