Last Updated: 02/12/2025

Please read these Terms of Service ("Terms") carefully before using the website livityandthecreativei.com.au (the "Site") operated by Livity and the Creative i ("us," "we," or "our"). livityandthecreativei.com.au

Your access to and use of the Site is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Site.

By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Site.

1. Products and Services

We offer various products for sale, including:

  • Jewelry

  • Hats

  • Livity Original Art Dolls

  • Totes (bags)

We reserve the right to modify or discontinue any product or service without notice at any time. We are not liable to you or to any third party for any modification, price change, suspension, or discontinuance of the service or product.

2. Purchases

If you wish to purchase any product or service made available through the Site ("Purchase"), you may be asked to supply certain information relevant to your Purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that:

  • You have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that

  • The information you supply to us is true, correct, and complete.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product availability, errors in the description or price of the product, or error in your order, or if fraud or an unauthorized or illegal transaction is suspected.

3. Shipping, Returns, and Exchanges

All Purchases are subject to our separate Shipping Policy and Return Policy, which are incorporated into these Terms by reference. Please review these policies carefully before making a purchase.

  • Livity Original Art Dolls Clause: Due to the fragile and unique nature of Livity Original Art Dolls, their return and shipping conditions may be stricter than for other items. All sales of Livity Original Art Dolls are final.

4. Intellectual Property

The Site and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of livity and the creative i ** and its licensors. The Site is protected by copyright, trademark, and other laws of both the [Your Country] and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of *Livity and the creative i *.

5. Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

  • In any way that violates any applicable national or international law or regulation.

  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

  • To impersonate or attempt to impersonate *Livity and the creative i *, a *Livity and the creative i * employee, another user, or any other person or entity.

6. Account Security (If Applicable)

If you create an account with us, you are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

7. Disclaimer of Warranties

The Livity Original Art items (Dolls) and the handmade nature of some Jewelry or Hats mean that they are sold "as available".

Your use of the Service is at your sole risk. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

8. limiting liability

In no event shall *Livity and the creative i *, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

9. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of ACT/CANBERRA in AUSTRALIA, without regard to its conflict of law provisions.

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms.

11. Contact Information

Questions about the Terms of Service should be sent to us at livityandthecreativei.com.au