Terms & Conditions

 

The following rules and regulations apply to all visitors to or users of the website, the home page of which is at momenttain.com. By using this website you agree to be bound by these rules and regulations, as they may be modified at any time and posted on this Website. In the event of a violation of these rules and regulations, we reserve the right to seek all remedies available by law and in equity. Unless otherwise indicated, the Momenttain website and its contents (including without limitation, all text, photographs, images, video and audio) are the exclusive property of Momenttain Pty Ltd, trading as Momenttain (hereinafter referred to as "Ginger&Smart") and are protected by copyright, trademark, trade dress and other laws.

 

Momenttain

Momenttain is an Australian fashion, spa and beauty business. All items, products and services displayed are in AUD Australian dollars unless otherwise stated.

COPYRIGHT NOTICE

The Momenttain website and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, "materials" ) are protected by copyright laws and other international laws and treaties.

All materials are provided by Momenttain as a service to its current and prospective customers and visitors to the website and may be used only for personal informational purposes and only if you also retain all copyright and other proprietary notices contained on the materials. No right, title or interest in our materials is conveyed to you. This is a limited license, not a transfer of title to our materials, and such license is subject to the following restrictions:

  • you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this website or any of its materials without our express prior written permission;
  • you may not access or use the Ginger&Smart website for any competitive or commercial purpose; and
  • you may not permit any copying of our materials. Any unauthorised copying, alteration, distribution, transmission, performance, display, or other use of these materials is prohibited. Momenttain may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Momenttain.

SITE CREDITS

This website contains trademarks of Ginger&Smart. No licence, interest or right to or in any such trademarks of Ginger&Smart is granted to or conferred upon you. Any reproduction or use of any of the content on this site, without the express written consent of Ginger&Smart or unless expressly authorised by law, is prohibited.

If you use any of Momenttain's trade marks to refer to our activities, products or services, you must include a statement attributing those trademarks to us. You must not use any of our trademarks:

  1. in or as the whole or part of your own trademarks;
  2. in connection with activities, products or services which are not ours;
  3. in a manner which may be confusing, misleading or deceptive; or
  4. in a manner that disparages us or our information, products or services.

This website may also contain references to other trademarks, trade names, brand names and/or trade dress from entities other than Momenttain. These trademarks, trade names or brand names are the property of the respective owners and references to them do not suggest sponsorship or association with Momenttain.

LINKING

Periodically, links may be established from this website to one or more external websites or resources operated by unrelated third parties (the "Third Party sites"). These links are provided for your convenience only. In addition, certain Third Party sites also may provide links to the Momenttain website. These links should not necessarily be deemed to imply that Momenttain endorses the Third Party sites or any content therein.

Momenttain does not control and is not responsible or liable for any Third Party sites or any content, advertising, products, or other materials on or available from such Third Party sites. Access to any Third Party site is at your own risk and Momenttain will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party site.

SPECIAL NOTICE

Momenttain has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition.

Linking to the Momenttain web page is prohibited without express written permission from Momenttain. Framing, inline linking or other association of the Ginger&Smart website or its materials with links, advertisements and/or other information not originating from the momenttain.com website is prohibited absent express written permission from Momenttain.

LIMITATION OF LIABILITY

In no event will Momenttain be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages for use of this site or any other hyperlinked websites including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from the use of or reliance on the information present. 

SITE UPDATES AND REVISIONS

Momenttain may terminate, change, suspend or discontinue any aspect of this website, including the availability of any features of the website, at any time and without notice. Momenttain also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Momenttain may terminate the authorisation, rights and license given above at any time and without notice. Your continued use of this website after any changes to these terms are posted will be considered acceptance of those changes.

CODE USAGE

  • Promotion codes must be used on the Momenttain website at the time of purchase to activate discount.
  • Promotion codes are valid on the Momenttain website only.
  • One code usage per transaction only. Multiple codes cannot be used together, or be applied to previously processed orders.
  • For any gift with purchase, a maximum number of 1 gift is included per order.
  • Momenttain standard delivery charges and returns policies apply 

COMPETITION

April 2020 Competition. This is a game of chance, skill plays no part in determining the winners. The winner will be chosen at random. Only one entry per person is permitted. Winner will be announced via Instagram stories and contacted via email on Monday 4th May, 2020.

SUBMISSIONS

We welcome your comments regarding this website. However any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "comments") sent to Momenttain shall be and remain the exclusive property of Momenttain. Your submission of any such comments shall constitute an assignment to Momenttain of all rights, titles and interests in all copyrights and other intellectual property rights in the comments. Momenttain will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

If you have any further questions regarding our site terms and conditions, please contact Momenttain direct. Thank you. 

PRIVACY

HOW WE USE YOUR INFORMATION

Momenttain Pty Ltd is dedicated to the protection of your personal information. Any information that you provide to Momenttain Pty Ltd through this website will only be used by us in response to contact made by you. We collect, hold and disclose personal information to:

  1. Process transactions and deliver products to you.
  2. Communicate with you.
  3. Acess applications for employment.
  4. Maintain our business records and to otherwise run our business.
  5. For purposes disclosed to you and to which you have consented.
  6. For purposes that you would otherwise reasonably expect, and
  7. For any purposes required or permitted by law.

WHAT KIND OF INFORMATION WE COLLECT

We collect all personal information through our interaction with you, such as when you make a purchase, enter personal information on our website, or communicate with us via email, telephone or mail. The personal information we collect can be your phone and mobile phone number, email address, home address, shipping and billing address, payment card billing address, payment card details, IP address, shopping history from our customers, business contacts, search criteria from our customers, prospective employees and other individuals whom we deal with. 

THIRD PARTY SERVICES 

When we engage a third party service, it’s to perform business support functions for us. Some third parties need access to personal information in order to provide the services or perform the functions we require. Therefore, we may disclose the information you provide to these third parties, in order to conduct market research and marketing strategy analysis, manage and develop our business and corporate strategies and functions, as well as to assist us in providing products and services we have requested, such as delivery service providers and fulfilment managers. 

HOW TO ACCESS AND MODIFY YOUR PERSONAL INFORMATION

Individuals have a right to complete access to their records, according to the Privacy Act. You may request in writing to provide you with details of the personal information we hold about you. We will handle this request as soon possible. You can modify your personal information on the site by accessing your account. If you are looking to remove your personal information from our database, please contact us. 

CHANGES TO THE PRIVACY POLICY

If we make changes to this Privacy Policy, the changes will be effective immediately upon posting it on our site. Depending on the nature of the changes, we may announce them on our website or via email. By continuing to use the site, you agree to such changes. If you do not agree to the changes made to the Privacy Policy you must terminate your use of our website.

Credit Card Processing: Momenttain Pty Ltd uses SSL 2048 bit encryption on it checkout and sensitive pages. At no point is your credit card information ever stored or known.

If you have any further questions or concerns with respect to our Privacy Policy, please feel free to contact us. Should there be a material change in our information practices, we will post the policy change in our Privacy Policy on this website.

PRE-ORDER INFORMATION

What is a Pre-Order?

Pre Order means you can get early access to new releases before they are available in store.

When will my Pre-Order item arrive?

The time frame for your pre-order delivery varies depending on the product. We specify the timeframe that a product will be available in our warehouse for dispatch, under each “Pre-Order “button on the product page. Normal shipping & processing times are from this date. Please read carefully so you are aware of our Pre-Order time frame.

When do I have to pay?

All Pre-Orders require full payment at the time of order.

Can I cancel a pre-order?

You may be able to cancel your item before we prepare your order. Please contact our customer support team at momenttain.com for assistance.

Can I change my shipping address?

You may be able to change your shipping address before we prepare your order. Please contact our customer support team at momenttain.com for assistance.

Are Pre-Order items refundable?

Yes, just make sure items meet the conditions of our Returns Policy.

Will Pre-Order items be shipped with my other orders?

Yes, they will be delivered together according to the expected release date.