Terms and Conditions

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (THE “WEBSITE”).  USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE.  IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

​

The Website is owned and offered by J&K Living Moments Pty Ltd (J&K Living Moments) to you, the user, conditioned upon your acceptance without modification of the terms and conditions set forth herein (“Terms of Use”). Access and use of the Website are subject to these Terms of Use and all applicable laws, statutes, and regulations. The Website has been designed to provide general information about J&K Living Moments and its business and to offer the opportunity to purchase the products.  The information provided on the Website is not intended to provide medical advice. Users of the Website should be aware that no regulatory agency has deemed the products described herein to be effective or intended to diagnose, treat, cure or prevent any disease. If there is any inconsistency between the information provided on this website and any information provided with a J&K Living Moments product, the latter should be taken as most correct.

​

Acceptance of Conditions
Purchasing of products and use of www.livingmoments.com.au website is governed by these Terms and Conditions.  By purchasing and using the website you have agreed to these Terms and Conditions. We reserve the right to amend these Terms and Conditions at any time. Your continued access to the website will constitute your acceptance of any changes or revisions to the Terms and Conditions. Your failure to follow these Terms and Conditions may result in suspension or termination of your access to the website without notice.

​

No Reliance
While J&K Living Moments has endeavoured to ensure the accuracy of the information accessed via the website, J&K Living Moments does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the website.

​

Online Purchases

If a product you purchase does not match the description on the Website, as your sole and exclusive remedy you may return the product, unused, to J&K Living Moments and receive a refund of your purchase price only. Items in your shopping cart will reflect the most recent price displayed on the item’s product detail page. Prices are frequently updated to adjust for different sales, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by placing an order. From time to time, despite our efforts, a small number of the items in our catalogue may be mispriced. Please note that such errors or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, J&K Living Moments will take one of the following options: (i) If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (ii) if an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We apologise for any inconvenience. If you are not satisfied with your purchase due to any errors or inaccuracies, you may return it in accordance with our return procedure. Discounts are limited-time offers and are not valid with other offers.  For shipping, cancellation, and other ordering questions, please refer to our Shipping and Refunds Policy.

​

Links to the Website
The website may contain links to other websites and may on occasion display content or information from other websites within frames on the website.  Websites or pages to which the website or is linked are for information only and have not been reviewed by J&K Living Moments.  J&K Living Moments has no responsibility for the content of the websites or pages linked or linking to the website.

​

Editing and Deletions
J&K Living Moments reserves the right to review, edit, move or delete any material provided for display or placed on the website without notice.

​

Intellectual Property
The website is the property of J&K Living Moments. The website includes (but is not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks and other material (Content) are protected by copyright, trademarks and/or other proprietary rights. The Content includes both contents owned or controlled by J&K Living Moments and content owned or controlled by third parties and licensed to J&K Living Moments. All individual articles, reports, and other elements making up the website may be copyright works. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the website. Except for the purposes of viewing the website, you must not copy, adapt or distribute those materials unless you have first obtained our written consent to do so. You may not use any of J&K Living Moments’s trademarks, trade names or brands without J&K Living Moments’s prior express written consent and you acknowledge that you have no ownership rights in and to any of those names, brands or marks. You agree to notify J&K Living Moments in writing promptly upon becoming aware of any unauthorised access to or use of the website by any party or of any claim that the website or any of the contents of the website infringes any copyright, trademark, or other contractual, statutory or common law rights of any party.

​

Limit of Liability
J&K Living Moments makes no warranties or representation about any content or information on this website and to the extent permitted by law exclude (and where the law does not permit an exclusion, limit to the extent permitted by law) all: warranties and representations about the currency, accuracy, suitability or reliability of any content or information on the website and liability for any direct, indirect and consequential costs, losses, damages and expenses incurred in any way (including but not limited to that arising from negligence), connected with any use or access to the website or any reliance on information contained on the website.  J&K Living Moments will not be held responsible for Content provided by third parties.  J&K Living Moments is also not responsible for the reliability or continued availability of the telephone lines and/or equipment you use to access the website.  J&K Living Moments does not warrant that the website is compatible with your computer equipment or that the website or their servers are free of errors or viruses, worms etc. and J&K Living Moments is not liable for any damage you may suffer as a result of such destructive features. 

 

Any attempt to deliberately damage the Website or the information on the website or to otherwise undermine the legitimate operation of any competitions may be a violation of Criminal and Civil Laws and should such as attempt be made, whether, whether successful or not J&K Living Moments reserves the right to seek damages tot he fullest extent permitted by Law.

​

Termination of Access to the Service
J&K Living Moments has the right to terminate or suspend your ability to access the website, for any or no reason, without notice and without liability.

​

Feedback
While J&K Living Moments is pleased to receive feedback, comments and ideas from visitors to the Website, any information that you submit through the Website will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy). Please read the Privacy Policy before submitting personal information to J&K Living Moments.  Your use of the Website constitutes your acceptance of all the terms of the Privacy Policy.  If you transmit any ideas, information, concepts, know-how or techniques or materials to us through the Website, you hereby grant J&K Living Moments an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that J&K Living Moments is free to use them for any purpose.

​

Legalities
This website use is governed by the laws of Australia and the State of New South Wales. In consideration of your use of the Website, you represent that you are at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, and you agree to provide accurate and complete information about yourself as requested in any order or account registration form (the “Registration Data”). If J&K Living Moments suspects that your Registration Data is inaccurate or incomplete, J&K Living Moments may suspend or terminate your account. The Website may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to children (persons under the age of 18). If you are under the age of 18, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you do not qualify, do not use the Website. You shall indemnify, defend and hold harmless J&K Living Moments, its officers, directors, shareholders, employees, agents and representatives against all liability, demands, claims, costs, losses, damages, recoveries, settlements and expenses including without limitation interest, penalties, attorneys’ fees, accounting fees, and expert witness fees arising out of or related to (i) your use of the Website or the Content and (ii) any breach or non-compliance by you of these Terms of Use.  J&K Living Moments shall have the right at its own expense, but not the obligation, to assume the exclusive defence and control of any matter subject to indemnification by you, and you shall not, in any event, settle any matter without the prior written consent J&K Living Moments.  J&K Living Moments reserves the right to seek all remedies available at law or in equity for violations of these Terms of Use, including the right to block access from a particular Internet address to the Website.