MMS_terms_and_conditions

Welcome to the Majik Moments™ web site, this site is owned and operated by Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd.

Yes, unfortunately we must have these to protect our rights, intellectual property, copyrights, and trademarks and to protect you. Majik Moments is a business of RPK Computer Services Pty Ltd. ABN 86 007 192 109

These Terms of Use, along with policies and guidelines located throughout the majik-moments.com web site identify what users of the majik-moments.com web site can expect from Majik Moments, and what we expect from users. By accessing any areas of the Majik-moments.com web site, users are deemed to have accepted these Terms of Use and other policies and guidelines identified throughout the majik-moments.com web site.

Privacy Policy
Majik Moments respects the privacy of its Users. The terms and conditions of the Majik-moments.com Privacy Policy are incorporated herein by reference.

User acknowledges that the majik-moments.com web site contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. and Australian copyright laws, and Majik Moments owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

You accept these terms and conditions by accessing or using any part of this site after the first time you visit a page providing a link to them. You then confirm your acceptance of these terms and conditions (as varied from time to time) each time you access any part of this site.

These terms and conditions form a legally binding agreement between you and Majik Moments ("Majik Moments", "we" or "us") governing your use of this site. You are welcome to print a copy for your records.

If you do not accept these terms and conditions, you will need to exit this site immediately.

A reference to "these terms and conditions" also includes all other instructions, terms or conditions concerning the use of this site or any part of it.

In some instances, the Content available through the majik-moments.com web site represents the opinions and judgments of the respective third party providing such Content. Majik Moments neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the majik-moments.com web site by anyone other than Majik Moments. Under no circumstances shall Majik Moments, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through the majik-moments.com web site. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the majik-moments.com web site.

You may use and copy the information on this site for personal reference only. You agree that you will not use it for any purposes that are commercial, unlawful or may prejudice the reputation or interests of Majik Moments. “Unlawful” use includes activities such as fraud, the posting of defamatory or offensive material, infringement of the rights of others and failure to comply with any legislation.

You must not hack into, change or otherwise interfere with the operation of this site or any information contained within it. This includes knowingly transmitting a virus or other damaging item to this site.

This web site is provided "as is", so you use it entirely at your own risk. We try to ensure that all information contained on this site is correct at the time of inclusion and that the site is free of viruses and other operational problems. However, we cannot give any guarantees in this regard.

You are responsible for your use of this site, and fully indemnify us in respect of any use that we have not expressly authorised.

Intellectual property rights are a bundle of exclusive rights over creations of the mind, both artistic and commercial.

The former is covered by copyright laws, which protect creative works, such as books, movies, music, paintings, photographs, and software, and gives the copyright holder exclusive right to control reproduction or adaptation of such works for a certain period of time.

The second category is collectively known as "industrial properties", as they are typically created and used for industrial or commercial purposes. A trademark is a distinctive sign (™) which is used to prevent confusion among products in the marketplace.

Ronald Kohlman, Pananda Kohlman and RPK Computer Services Pty Ltd are the intellectual property owners of Majik Moments™ and conducts business under the legal entity of "Majik Moments” in the State of Victoria, Australia

©The "Majik Moments™" trademark, name and logo are owned by Ronald Kohlman & Pananda Kohlman and are protected by law. The use of this trademark or any other content is strictly prohibited. All rights are reserved.

All content included on this site is the property of Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd and is protected by Australian, United States and International copyright laws.

All graphic information contained in this web site is the property of Ronald Kohlman, Pananda Kohlman Majik Moments and RPK Computer Services Pty Ltd. Except as specifically permitted herein, no portion of the information on this web site may be reproduced in any form or by any means without the prior written permission from Ronald Kohlman, Pananda Kohlman, Majik Moments or RPK Computer Services Pty Ltd. The Majik Moments™ web site may contain links to other web sites, which are not under the control of Ronald Kohlman, Pananda Kohlman, Majik Moments or RPK Computer Services Pty Ltd. Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd make no representations whatsoever about any other web site to which you may have accessed through the Majik Moments web site. When you access a non Majik Moments web site, you do so at your own risk and Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd provides these links merely as a convenience and the inclusion of such links does not imply that Ronald Kohlman, Pananda Kohlman, or RPK Computer Services Pty Ltd endorses or accepts any responsibility for the content or uses of such web sites.

The site contains copyright material, brand names and other trade marks that are protected by law. You should assume that all names and logos are trade marks of us or third parties, and that all content on this site is subject to copyright. Except as expressly authorised, the use of any material on this site (including reproduction, modification, distribution, republication, display or communication of any kind) is strictly prohibited.

Australian trade mark law is based on the Trade Marks Act 1995 (Cth). Amongst other things, the Trade Marks Act defines trade marks (including certification marks and collective marks), what constitutes trademark infringement and defences and exceptions thereto. Section 17 of the Trade Marks Act defines a trade mark as "a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person".

Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the license). Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence legal proceedings against a party which infringes its registration.

This site contains links to third party sites. We are not responsible for the operation, security levels, content or any other aspect of any third party sites. Links are provided solely for your convenience and do not indicate our endorsement of any third party sites or the products or services provided, advertised or otherwise mentioned on those sites.

All web sites of Majik Moments businesses, and all products or services offered by those businesses, have their own terms and conditions. Please ensure that you read the applicable terms and conditions when you enter and use these sites.

THE MAJIK-MOMENTS.COM web site IS PROVIDED BY Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd DISCLAIMS ALL IMPLIED WARRANTIES.

WITHOUT LIMITING THE FOREGOING, Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE MAJIK-MOMENTS.COM web site, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE MAJIK-MOMENTS.COM web site WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE MAJIK-MOMENTS.COM web site; OR (IV) THAT THE MAJIK-MOMENTS.COM web site, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF MAJIK-MOMENTS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MAJIK-MOMENTS.COM DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE MAJIK-MOMENTS.COM web site OR ANY RELATED SERVICES. THE OPERATION OF THE MAJIK-MOMENTS.COM web site MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd.

UNDER NO CIRCUMSTANCES SHALL Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE MAJIK-MOMENTS.COM web site, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE MAJIK-MOMENTS.COM web site OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO MAJIK-MOMENTS.COM ’S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE MAJIK-MOMENTS.COM web site. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Majik Moments regarding User's relationship with Majik Moments and supersedes any prior statements or representations. When using the majik-moments.com web site or making a purchase there from, USER AGREES TO BE BOUND BY THESE TERMS OF USE.

Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd reserve the right to make changes to the majik-moments.com web site, posted policies and these Terms of Use at any time without notice. These Terms of Use were last revised on September 6, 2008.

Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd will comply with all the relevant laws, regulations and company policies regarding Fair Trading. To this end our stated policy is:

We will adhere to the Trade Practices Act, state legislation and related company policies. All policies and procedures will reflect this commitment. We will act and make decisions in accordance with this commitment to Fair Trading. All management will be responsible for ensuring this commitment is implemented and monitored.

In conjunction with the Fair Trading Policy, Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd will:

Conduct business with integrity and in accordance with community and business ethical standards behaviour.

This applies in all our dealings with customers, suppliers and competitors. Actively encourage and respond to feedback from our customers, suppliers and team members, and recognise opportunities to ensure continuous improvement.

Communicate openly and honestly about our products and services with our customers, suppliers and team members.

Communicate in plain language to ensure information is clear, accurate and easily understood. Provide an efficient, fair and accessible complaint handling process in accordance with the Australian Standard

Except to the extent required by law, you agree that Majik Moments, their directors, officers, employees, agents, contractors, service providers, successors or assigns will not be liable for any losses, damages, liabilities, claims or expenses whatsoever arising out of, or in any way related to, the use of this site or any site linked to it.

This limitation applies to all direct, indirect, consequential, special, punitive or other losses, damages, liabilities, claims or expenses you or others may suffer, including for loss of profits, business interruption or loss or corruption of data or information.

If we provide any goods or services via this site and are in breach of a condition or warranty which is implied by law and cannot be excluded, our liability (and that of the other persons listed above) is limited, to the maximum extent possible, to one of the following at our option:

the repair of goods; or

the payment of the cost of having the goods or services supplied again or repaired.

This site is designed for use by Australian residents. Your use of this site is governed by, construed and enforced in accordance with the laws of Victoria, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of Victoria, Australia (including the Federal Court of Australia, Victoria Registry).

This site may be accessed throughout Australia and overseas. Without limiting any of the above terms and conditions, we make no representations that the content of this site complies with the laws, including intellectual property laws, of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in each place where you access the site or where anything you publish or upload can be accessed.

These are the current terms and conditions. We may at any time vary these terms and conditions by posting the varied terms and conditions on this site. You agree that this provides you with sufficient notice of the variation. If any variations are made that will adversely affect you, we will try to give you as much prior notice as possible. However, all variations are effective from the time of posting unless stated otherwise.

Our aim is to make majik-moments.com as accessible to as many people as possible. We have an ongoing commitment to progressively improve site content accessibility.

Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd have created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this web site:

Our online e-newsletter asks users to give us contact information (like their name and email address). This information is used to contact the visitor when necessary about special promotions, events, discounts, and messages from Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd and is never divulged to third parties. This site contains links to other sites. Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd are not responsible for the privacy practices or the content of such web sites.

Our site uses an order form for customers to request information, products, and services. We collect visitor's contact information (such as their e-mail address) and financial information (their account or credit card numbers). Contact information from the order form is used to send orders, information about our company, and occasional future promotional material. The customer's contact information is also used to get in touch with the customer when necessary regarding the order. Financial information that is collected is used to bill the user for products and services.

This Privacy Policy applies to the collection, storage, use and dissemination by Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd of your personal information ('Your Personal Information').

Access to the contents of this Site is conditional upon your approval of this Privacy Policy. As part of Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd’s commitment to the protection of Your Personal Information, we have developed this policy in line with the voluntary National Principles for the Fair Handling of Personal Information developed by the Australian Federal Privacy Commissioner which represents industry best practice.

Our Privacy Policy contains the following important information regarding Your Personal Information:

- Collection of Your Personal Information
- Storage and Security of Your Personal Information
- Use and Disclosure of Your Personal Information
- Access to Your Personal Information
- Children's Privacy
- Disclaimer
- Further Information on Privacy
- Contact Us

You agree that your use of this Site implies your consent to the collection and use of Your Personal Information (or your children's personal information) in accordance with the terms of this Privacy Policy.

If we deem it necessary, we may amend this Privacy Policy from time to time in line with industry best practice. It is prudent for you to review our Privacy Policy regularly to ensure that you are satisfied and consent to all amendments to our Privacy Policy. Your continued use of this Site following any amendments is valid confirmation of your acceptance to the amendments.

Your Personal Information is collected to enhance your use of the Site and continually improve our Site.

Some of the information collected will not personally identify you but instead track your use of the Site. We may obtain this information by our use of 'Cookies'. Cookies are commonly used by web sites on the Internet and are a feature usually placed in your hard drive that recognizes and identifies your computer. The Cookie does not contain any information that personally identifies you and we do not use Cookies in order to obtain such information. Your browser should allow you to refuse Cookies if you desire.

We will collect information that does personally identify you where required (this may include your name, email address, gender, age and subscribers details). We only collect this information to carry out the functions offered on the areas of Site that you choose to enter.

Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd will use all reasonable endeavours to maintain the security of Your Personal Information. We require our staff and service providers to respect the confidentiality of Your Personal Information.

Due to the nature of the Internet, we cannot guarantee that Your Personal Information will always be secure during transmission or from unauthorised access during storage. Please contact info@majik-moments.com immediately if you become aware or have reason to believe there has been any unauthorised use of Your Personal Information.

Use And Disclosure Of Your Personal Information
Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd will not disclose information that personally identifies you to other parties. Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd may be required to disclose some information that does not personally identify you to other parties to provide other parties with aggregate statistics of people that have seen or linked to their information on our Site. This provision of information with other parties assists Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd with improvements to the Site and assists AI's to provide the Site to users at no cost.

Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd may provide certain information about you to its related bodies corporate.

If you subsequently decide that you do not wish to receive information about the products and services of the Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd’s Partners, please Contact Us with your request to be removed from our mailing list. We will use reasonable endeavours to remove your name within 14 days of receipt of notice.

Access To Your Personal Information
Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd will use all reasonable endeavours to keep Your Personal Information accurate. Please contact us to examine Your Personal Information if required. We will use reasonable endeavours to provide a complete list of Your Personal Information within 14 days of receipt of your enquiry.

You may contact us to amend any of Your Personal Information that is inaccurate or request that Your Personal Information be deleted. We will use reasonable endeavours to amend or delete your records as requested within 14 days of receipt of notice. If applicable, any legal requirement on AI to maintain certain records of Your Personal Information shall prevail over any of your requests.

All persons under the age of 18 must obtain the consent of their parents or legal guardians before using this Site or submitting any information to this Site. Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd will adhere to this Privacy Policy in respect of any information submitted by minors but the primary responsibility rests on parents and guardians to properly supervise their children's use of the Site.

Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd will only collect, use or disclose information that personally identifies you as set out in this Privacy Policy unless in our opinion Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd are required by law to protect the rights or property of Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd or any third party, or to avoid injury to any person.

In accordance with Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd’s established relationships with Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd’s Partners, users of our Site may link directly to sites operated by Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd Partners. Although certain Partner sites may be co-branded with the their respective logo, you acknowledge that such sites may not be operated by Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd.

Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd’s Partner sites may collect additional personal information from you in addition to Your Personal Information supplied to Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd. You acknowledge that Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd is not responsible for the content or practices of the sites operated by Ronald Kohlman, Pananda Kohlman, Majik Moments and RPK Computer Services Pty Ltd’s Partners including the manner in which they collect, store, use or disseminate your personal information.

Please contact the Customer Service Department on +61 4 1771 4093 or click here to request the removal of your information from our database or to no longer receive future communications.

Our intention is to sell to you the highest possible quality images that we can. As a result of this policy it is our intention to provide you with these following guarantees.

However, we will refuse any returned photographs, product or any refunds for the following reasons:

Our policies and guarantees are deigned to enable you the customer to know exactly how we operate as a business and what our obligations are to you. They lay out your obligations as a customer in regards to our returns policy. If you have any questions about our policies or guarantees you can contact us by email at: info@majik-moments.com or you can call us directly on (+613) 9017 3184.

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact Majik Moments at the address below.

If you have a query relating to our Privacy Policy, contact the person that you normally deal with, or
call Majik Moments' office on: