TERMS AND CONDITIONS
The legal stuff
Please read these terms and conditions of use carefully before using this site. By using this site, you agree to be bound by these terms of use. In these terms of use, 'we’ refers to the partners.
Ownership of the Site
The owner of www.theyassbookstore.com.au (the “Site”) is D Foley and J.M Hicks (the “Partners”).
Agreement to Terms of Use
These Terms of and Conditions of Use (“Terms of Use”) apply to the Site, including the purchase of goods and services over the Site. These Terms of Use must be read in conjunction with all other applicable terms and conditions governing the use of the Site.
By using the site, you agreed to these terms of use. If you don’t agree, please don’t use the site.
Amendments to Terms of Use
We may, in our sole discretion, amend these Terms of Use at any time. By continuing to use the Site following any such amendments, you agree to the Terms of Use, as amended.
Orders
The goods and services available at the Site are only for sale to persons who can make legally binding contracts (and not persons barred from receiving services under the federal laws of Australia or other applicable jurisdictions).
We give no undertakings as to the availability of goods and services advertised on the Site.
Subject to these Terms of Use, you may offer to purchase goods or services described on the Site for the price specified on the Site. Your order must contain the order information specified on the Site, including your name, address and credit card details. We are not liable for any orders that go missing due to incorrect delivery information provided by you.
We will at our discretion accept or reject your offer to purchase. Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you on despatch.
Further details regarding online orders, payment, shipping and delivery, viewing and changing your order and returns and refunds may be found at the Site and applicable terms and conditions referred to at the Site are incorporated into these Terms of Use by reference.
Prices
Prices are in Australian dollars unless otherwise indicated.
Where a title is shipped from Australia, its price (including any applicable delivery and order charge) is inclusive of Australian goods and services tax. Where a title is shipped from outside Australia its price (including any applicable delivery and order charge) is exclusive of Australian goods and services tax.
Where goods and services tax is required to be included, prices are inclusive of goods and services tax.
Cancellation due to error
You acknowledge that, despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to typographical error or like oversight.
If this happen, we reserve the right to cancel the transaction, even if your order has been confirmed and your credit card has been charged. If a cancellation like this occurs after your credit card has been charged for the purchase, we will issue a credit to your credit card account for the amount.
Registered Users
Some parts of the Site (including purchases) are only available to individuals who register with us (each, a "Registered User").
Registered Users will receive an account name and password upon completing the registration process. You are responsible for maintaining the confidentiality of your account details and all activity that occurs under your account.
If you are a Registered User:
you represent that you are a person who can make legally binding contracts (and are not a person barred from receiving services under the federal laws of Australia or other applicable jurisdiction); and
you agree to:
provide true, accurate, current and complete information about yourself as prompted by any registration forms on the Site (the "Registration Data")
maintain and promptly update the Registration Data to keep it true, accurate, current and complete
immediately notify us of any unauthorised use of your password or account or any other breach of security
ensure that you logout from your account at the end of each session.
Restrictions on use
Without our prior written consent, you may only access the Site for your personal, non-commercial use. You are authorised to print a copy of any information contained on the Site for those purposes only, unless such printing is expressly prohibited.
Without limiting the foregoing, you may not without our prior written consent on-sell information obtained from the Site. You must not engage in any conduct that restricts or inhibits any other user from using or enjoying the Site.
You must not obscure or misrepresent your geographical location, forge headers, use proxies, use IP spoofing or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Site.
You must not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You must not violate or attempt to violate the security of the Site, including, without limitation by:
accessing data not intended for you, including logging into a server or account which you are not authorised to access
attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without authorisation
using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site
conducting a reverse look-up, tracing or seeking to trace any information on any other user or visitor to the Site, or any other customer, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal information, other than your own information, as provided for by the Site
taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site or to our systems or networks
disrupt network nodes or network services or otherwise restrict, inhibit, disrupt or impede our ability to monitor or make available the Site
forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting
attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of “denial of service” attacks, overloading, “flooding”, “mailbombing” or “crashing”
taking any action in order to obtain services to which you are not entitled.
Copyright
Copyright in the Site (including titles, text, graphics, logos, icons, sound recordings and software) is owned or licenced by us. Except as permitted by the Copyright Act 1968 (Cth) (and similar legislation which applies in your location) or expressly permitted by these Terms of Use, you may not adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Site, commercialise any information, products or services obtained from any part of the Site without our prior written consent.
Trade marks
The Site includes registered trade marks owned by us (or our licensors) and trade marks that may be the subject of applications for registration by us (or our licensors).
You must not use any of our trade marks or company names or business names:
in or as the whole or part of your own trade marks or business name or company name;
in connection with activities, products or services which are not ours
in a manner which may be confusing, misleading or deceptive or
in a manner that disparages us or our information, products or services (including the Site).
You must not authorise or assist any person to do any of the above.
Public Domain
Some of the literary works offered on the Site have been identified as being in the public domain by certain content providers.
We do not verify the accuracy of public domain designations and are not liable for any damage that may result from the downloading or other use of such literary works by you. If you do not reside in the relevant jurisdiction for which the public domain designation has been made, it is your responsibility to check the laws of your country of residence prior to downloading or accessing such literary works.
Monitoring
We may monitor usage of the Site to determine compliance with these Terms of Use.
Access
We may immediately terminate your access to the Site and/or delete your user account without notice. The disclaimer in these Terms of Use survives any such termination or deletion. You agree that your only right with respect to any dissatisfaction with the Site is to cease using the Site and to delete your account.
Specific warnings
You must take precautions to ensure that the process which you adopt for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. To avoid doubt, we do not accept responsibility for any interference or damage to your computer system which arises in connection with the Site or any linked website.
We do not warrant the accuracy, adequacy or completeness of the information appearing on the Site, nor do we undertake to keep the Site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of such information.
You acknowledge that, despite reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or the Site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
Security of information
No data transmission over the internet can be guaranteed as totally secure.
Whilst we strive to protect your information, we do not warrant and cannot ensure the security of any information which is transmitted to us. Any information you transmit to us is transmitted at your own risk. When we receive your transmission, we will take reasonable steps to preserve the security of such information.
Disclaimer
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may suffer in connection with your use of the Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.
We will not be liable to you for indirect or consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise arising from or connected to the Site or these Terms of Use.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is excluded. If legislation implies any condition or warranty, and that legislation voids or prohibits us from excluding or modifying any such term, that term will be deemed included in these Terms of Use.
Nothing in this disclaimer is intended to limit or exclude any liability that cannot be lawfully excluded.
Warranties and returns
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Our liability to you in respect of goods purchased by you from the Site is limited, at our option, to one or more of the following:
1. in the case of services:
the resupply of the services or
the payment of the cost of resupply and
2. in the case of products
the replacement of the goods
the supply of equivalent goods
the repair of the goods
the payment of the cost of replacing the goods (or of acquiring equivalent goods) or
the payment of the cost of having the goods repaired.
The benefits of the warranty above are in addition to other rights and remedies which you may have at law in respect of the goods or services to which the warranty relates.
To claim against the warranty above you should send an email addressed to: jo@theyassbookstore.com.au.
You should include the following information:
details of the goods purchased
the date that the goods were purchased
the receipt or transaction number for the purchase
your complaint
what you believe will resolve your complaint.
You must make the claim under the warranty as soon as reasonably practicable after ordering the goods but in any event within 12 months of purchase in the case of consumer electronics and within 30 days of purchase for all other goods.
We will investigate your claim within a reasonable time of receiving an email complying with the requirements above. You may be required to provide additional information and to send the goods back to us. Any reasonable costs incurred by you in claiming against this warranty will be reimbursed.
Indemnity
You agree that you will not use this Site for any unlawful purpose, or for any purpose prohibited by these Terms of Use. You agree to defend, indemnify and hold harmless the Partners and our affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable legal fees) arising out of your use of the Site and/or your breach of these Terms of Use.
Limitation of Liability
In no event shall we or our partners or affiliates, or contributors to this Site, be liable for any loss or injury, or any damages, whether direct, special, indirect, punitive, incidental, exemplary, consequential, or otherwise, whether based on breach of contract, tort (including negligence), product liability or otherwise, resulting from your access or use of this Site.
You hereby waive any and all such claims against us, our partners, affiliates, and contributors. You agree that the limitations set forth above are fundamental elements of this agreement, and that the site and its materials would not be provided to you absent such limitations. Some state statutes may restrict this limitation of liability.
Linked websites
The Site may contain links to other websites (linked websites).
Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on, those linked websites, unless and to the extent otherwise indicated.
You acknowledge and agree that your linking to other sites, your use of such sites, and your use of any information, material, products and services offered by such sites, are solely at your own risk.
Third party content
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective authors or distributors and not of the Partners.
In many instances, the content available through the Site represents the opinions and judgments of the respective content provider.
Governing law
These Terms of Use are governed by the laws of New South Wales. You submit to the exclusive jurisdiction of the Courts of New South Wales.
General
We accept no liability for any failure by us to comply with these Terms of Use where such failure is due to circumstances beyond our control.
The non-exercise or delay in performance of a right under these Terms of Use does not constitute a waiver. If we waive any rights available to us under these Terms of Use on one occasion, it does not mean that those rights will automatically be waived on any other occasion.
Headings in these Terms of Use are for convenience only and do not affect interpretation.
If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use will continue in full force.