Terms and Conditions.
1. General
a. These terms and conditions (“The Terms and Conditions”) govern the use of www.thebungeebook.com (the “Site”) and the supply to you of the products and services listed on the Site (“Products and Services”) . This Site is owned and operated by Martin L. Pryor ABN 57092102530. The Site is an ecommerce website.
b. By using this Site, or by ordering any of our Products and Services on the Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
2. Intellectual Property
a. The Site, the Products and Services and all of the related products of Martin L. Pryor are subject to copyright. The material on the Site is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Products and Services and compilation of the Site (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) or the Products and Services are owned or controlled for these purposes and are reserved by Martin L. Pryor or its contributors.
b. All trademarks, service marks and trade names are owned, registered and/or licensed by Martin L. Pryor, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are using the Site to:
i. use the Site pursuant to these Terms and Conditions;
ii. copy and store the Site and the material contained in the Site in your device's cache memory; and
iii. print pages from the Site for your own personal and non-commercial use.
c. Martin L. Pryor does not grant you any other rights whatsoever in relation to the Site or the Products and Services. All other rights are expressly reserved by Martin L. Pryor.
d. Martin L. Pryor retains all rights, title and interest in and to the Site and all related Products and Services. Nothing you do on or in relation to the Site will transfer any of the following to you:
i. business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
ii. a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
iii. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
e. You may not, without the prior written permission of Martin L. Pryor and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Products and Services or third party Products and Services for any purpose, unless otherwise provided by these terms and conditions.
3. Your Obligations while using the Site
a. You agree to the following:
i. As a user of our Site you agree to use our Site legally, not to use our site for illegal purposes and not to:
a) Harass or mistreat other users of our Site
b) Violate the rights of other users of our Site.
c) Violate the intellectual property rights of the Site owners or any third party to the Site.
d) Hack into the account of another user of the Site
e) Act in a way that could be considered fraudulent or deceptive; or
f) Post any material that may be deemed inappropriate or offensive on the Site.
g) If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we unilaterally reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site if required or necessary.
ii. you will use the Products and Services only for purposes that are permitted by:
a) these terms and conditions; and
b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
iii. you will not use the Products and Services in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Martin L. Pryor.
iv. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Site without notice and may result in termination of the Products and Services. Appropriate legal action will be taken by Martin L. Pryor for any illegal or unauthorised use of the Site.
4. User Contributions
a. Users of our Site may submit the following material to the Site owners for consideration and possible inclusion on our Site (“User Contributions”) including but not limited to:
i. Photos
ii. Videos
iii. Original artwork
iv. Poetry and prose
v. Public comment
b. The decision to include User Contributions rests solely with the owners and operators of the Site and Martin L. Pryor reserves the right to remove any and all User Contributions at their sole discretion.
5. Sale of Goods
a. These Terms and Conditions govern the sale of Products and Services available on our Site.
b. These Terms and Conditions apply to all the Products and Services that are displayed on our Site at the time you access it. This includes all Products and Services listed as being out of stock.
c. All information, descriptions, or images that we provide on our Site regarding the Products and Services are as accurate as possible, however, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of the descriptions for all Products and Services we provide.
d. You agree to purchase the Products and Services from our Site at your own risk.
e. We reserve the right to modify, reject of cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
6. Placing Orders
a. You can place an order for Products and Services on the Site.
b. Depending on your selection, and the availability of Products and Services, by placing an order you agree to purchase the Products and Services. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Products and Services have been ordered (“Order Confirmation”).
7. Payments
a. We accept the following methods on our Site:
i. PayPal
ii. Credit Card
b. When you provide us with your payment information you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
c. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
d. We may make reasonable changes to Product and Service prices at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
8. Shipping and Delivery
a. When you purchase Products and Services from our Site, the Products and Services will be delivered through one of the following methods;
i. Standard delivery by Australia Post. Delivery within Australia takes between 5-7 business days.
b. Delivery will take place as soon as is reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances and Martin L. Pryor is not liable for any loss associated with any delay caused by delivery. Please note that delivery times do not include weekends and public holidays.
c. If you wish for delivery outside of Australia, then prior to placing an order on our Site you must email us with the details of such a delivery so that can provide you an accurate shipping cost to the requested destination. Martin L. Pryor is not responsible for any duties, tariffs or other charges levied or caused by the delivery of the Products and Services to the destination country. You are required to pay any such shipping, duties, tariffs or other costs of delivery as required to fulfill the transaction.
d. You are required to provide us with a complete and accurate delivery address including the name of the recipient. We are not liable for the delivery of the Products and Services to the wrong address or wrong person, as a result of you providing us with inaccurate or incomplete information.
e. The Products and Services will be at your risk from delivery.
f. Ownership of the Products and Services will only pass to you when we receive full payment of all sums due in respect of the Products ad Services.
9. Consumer Protection Law
a. Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will prevail.
10. Force Majeure
a. The obligations of Martin L. Pryor to provide the Products and Services shall be suspended during the time and to the extent that Martin L. Pryor is prevented from or delayed in complying with that obligation by Force Majeure.
b. Force Majeure means a circumstance beyond the reasonable control of a Martin L. Pryor which occurs without the fault or negligence of the party affected, and includes but is not limited to: inevitable accident, storm, flood, fire, earthquake, explosion, peril of navigation, epidemic, pandemic, hostility, war (declared or undeclared), insurrection, executive or administrative order or act of either general or particular application of any government, whether de jure or de facto, or of any official purporting to act under the authority of that government, prohibition or restriction by domestic or foreign laws, regulations or policies, quarantine or customs restrictions, breakdown or damage to or confiscation of property.
c. Martin L. Pryor shall use reasonable endeavours to remove or mitigate any Force Majeure at the earliest possible time.
11. Limitation of Liability
a. Martin L. Pryor and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses including legal fees from your use of the Site.
12. Indemnity
a. Except where prohibited by law, by using this Site you indemnify and hold harmless Martin L. Pryor and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities, and expenses including legal fees arising out of your use of our Site or your violations of these Terms and Conditions.
13. Applicable Law
a. These Terms and Conditions are governed by the laws of the state of New South Wales.
b. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.
14. Severability
a. If at any time any of the provisions set forth in the Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will be considered valid.
15. Variation of these terms and conditions
a. We have the right to change these terms and conditions at any time in our sole discretion. These changes may include, but are not limited to, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
b. You will be subject to the policies and terms and conditions in force at the time that you order Products and Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products and Services).
16. Contact Details
a. Please contact us if you have any questions or concerns. Our contact details are as follows:
b. Email: thebungeebooks@gmail.com Post: 55 Woolgoolga St, North Balgowlah NSW 2093.
c. You can also contact us through the feedback form on our Site.