WELCOME TO MOMOT AUSTRALIA!
These Terms and Conditions govern the contents and use of the website MOMOT Australia (the “Site”) and set out the terms and conditions on which We supply the products available on the Site. Please read these Terms and Conditions of Sale carefully before using the Site and before ordering any Products via the Site. By using the Site and/or ordering any of the Products you signify that you have read, understand and agree to be bound by these General Terms and Conditions.
These Terms and Conditions shall apply to all sales of the Products by Us via the Site and shall supersede any other terms or conditions contained or referred to elsewhere or implied by trade, custom, practice or course of dealing unless specifically agreed to in writing by Us. If you do not agree with these Terms and Conditions then you may not use the Site. Please note that we may modify these Terms and Conditions and thus you should review them periodically. If any modification is unacceptable to you, you shall cease using the Site. If you do not cease using the Site you will be deemed to have accepted the change.
PROPERTY RIGHTS AND RIGHTS OF USE
You may not use the Site in any improper or unlawful manner or in breach of any legislation or licence that applies to you. You agree to comply with all reasonable instructions that we may give you from time to time regarding use of the Site. All intellectual property rights (meaning patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright, database rights and moral rights and rights in computer programs) in and to the Site and all content and materials contained in the Site (“Site Content”) are owned by and shall remain owned by Us or Our licensors. Site Content may only be used for your personal, non-commercial purposes and shall not be reproduced, modified, copied, altered, distributed, framed, republished, displayed, transmitted or sold in any form of by any means in whole or in part. You may not remove any copyright or other proprietary notices contained in any Site Content.
We respect the intellectual property rights of others. We ask you to do the same. We will terminate your account if you appear to infringe the copyright or other intellectual property rights of others. If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement then please contact Us straight away.
LINKS, THIRD PARTY WEBSITES
This Site may contain links to websites operated by third parties that are not under our control and are provided to you for your convenience only. We make no warranties or representations whatsoever about any such websites which you may access through this Site or any services that they may provide. We are not responsible for any products or services available on such sites or for any transactions, dealings or arrangements that you may have, or the consequences of such transactions, dealings or arrangements, with such third party site operators.
We warrant to you that any Product purchased from us via the Site is of satisfactory quality and reasonably fit for the purposes for which products of the same kind are commonly supplied. To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise).
Our liability for losses you suffer as a result of us breaching this Contract is strictly limited to the net purchase price of the Product you purchased (excluding taxes and delivery costs).
Nothing in these Terms and Conditions shall exclude or limit our liability for:
• Death or personal injury caused by our negligence; or
• Any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or
• Any liability which cannot be excluded or limited under applicable law.
We shall not be liable for any loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under these Terms and Conditions by reason of any event or circumstance outside our reasonable control, including, but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
You agree to indemnify us against all liabilities, claims and expenses that may arise out of or in connection with any breach by you of these Terms and Conditions or through your MomotAustralia Account.
We may remove the Site or cease the provision of any of the services available through the Site at any time in our sole discretion for any reason whatsoever.
We may terminate your access to the Site for any reason in our sole discretion at any time with or without notice.
DATA PROTECTION AND PRIVACY