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Website Terms & Conditions

Welcome to Jollybooknut.com.au. Access to and use of the Jollybooknut website (“website”) and its features is provided to you by the operators of this site (Jollybooknut ABN 73 677 566 087) ("us", "we" or "our") subject to the following terms and conditions. If you visit or shop at Jollybooknut.com.au, you accept these terms and conditions. Please read them carefully. If you do not accept and agree to these terms and conditions, you should not use the services of, or obtain goods from, this website.

1. Changes to the terms and conditions
Jollybooknut reserves the right to change, supplement or amend these terms and conditions at any time, for any reason and without notice or acceptance by you. You are responsible for informing yourself of any changes by regularly reviewing these pages. Each time you use the website you acknowledge and signify that you have read, understood and agree to be bound by these terms and conditions as they then read.

2. Permission to use the website
The website may be accessed and used only by individuals who are able to enter into legally binding and enforceable contracts. Users of the website must comply with all applicable laws. The website may not be used by persons in jurisdictions where access to or use of the website or any part of them may be illegal or prohibited. If you breach any provision of these terms and conditions, you may no longer use the website. Jollybooknut may in its discretion refuse permission to access and use the website.

Jollybooknut grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Jollybooknut. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Jollybooknut. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Jollybooknut without express written consent. You may not use any meta tags or any other "hidden text" utilizing Jollybooknut's name or trademarks without the express written consent of Jollybooknut. Any unauthorized use terminates the permission or license granted by Jollybooknut. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Jollybooknut.com.au so long as the link does not portray Jollybooknut, or its products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Jollybooknut logo or other proprietary graphic or trademark as part of the link without express written permission.

3. Electronic communication
When you visit the website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Communications sent to Jollybooknut by e-mail are not considered delivered or effective unless and until they are actually received and processed by Jollybooknut’s responsible representative.

4. Privacy policy
Jollybooknut is committed to protecting your privacy in accordance with Australia's National Privacy Principles. You can be sure that we will only use your personal and business information (“Personal Information”) as stated in this Privacy Policy (the "Policy"). To assist you in making informed decisions when using the Jollybooknut website (“website”) please read through this policy. The policy explains how we collect, use and safeguard the personal information you provide to us.
Jollybooknut collects such information from you as is necessary to conduct business with you. As you use our website you may provide us with two types of information; personal information you knowingly choose to disclose that is collected on an individual basis; and site use information collected on an aggregate basis as you and others browse our website.

Personal information is information about you which can be used to identify you. For example, your name, age, address and e-mail address are the types of Personal Information you may knowingly provide to us through your use of the Site. You may also provide to us Personal Information in the body of an e-mail message which you send to us.
We collect your personal information for a number of reasons including - so that we may: transact with you; identify you as the product owner; develop our products and services; administer our business activities; provide you with customer service; obtain your feedback; tell you about any of our products and services and fulfil our legal and regulatory obligations (including our accounting and tax obligations under the law). Information we collect may also be used to inform you of changes to our website, any new services we are providing and special offers we think you will find valuable.
We may disclose your personal information

  • to the government as required under the law;
  • to our professional advisors to enforce these Terms; or
  • as otherwise required by the law from time to time

We do not provide any personal information to advertisers or third-party websites.
Site use information is information we gather through cookies and web server logs. Like other commercial web sites, this website utilises cookies and web servers to collate information on the date and time of visits, the pages viewed, time spent at our website and the websites visited just before and just after your visit to this website. All information collected in this way is aggregated and is not associated with you as an individual.
A cookie is a text file which is stored on your computer by websites. Web servers recognise the computer used to access a website by these cookies. Cookies also help us to collect other information about your browsing of our website, for example which pages you like to visit, how long you spend on each page and in which order you commonly view our pages. With this information we constantly improve our website and provide you with better service.
We do not use these technologies to capture your individual e-mail address or any personally identifying information about you.
Our website may contain links to websites which are owned or operated by third parties. You should make your own enquiries as to the privacy policies of these third parties. We are not responsible for information on, or the privacy practices of, such websites.

5. No advice
The website is not intended to be a comprehensive or detailed statement concerning the matters addressed; professional or expert advice or recommendations; or an offer or recommendation to sell or buy any book or other item, product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the website.

6. Disclaimers, limitation of liability and indemnity
Use of this site is at your risk.
None of us, our affiliates or any of their respective employees, agents, third party content providers or licensors make representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.
We do not, nor do our officers, employees, agents and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this website 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, this website. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
The use of the information on this website is at your own risk. To the extent permitted by law, we exclude all liability of us, our officers, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, we limit our liability to

  • in the case of information or services supplied or offered by us - the re-supply of the information or services or payment of the cost of doing this;
  • in the case of products supplied or offered by us - replacement of the products, supply of equivalent products, or payment of the cost of doing this.

You indemnify us, our affiliates and our respective employees, agents, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or by us as a direct or indirect consequence of:

  • your accessing, using or transacting on this site or your attempts to do so (except for our costs of making this site available to you that you have not agreed to meet);
  • any breach by you or your agents of the terms and conditions.
  • Rights we cannot exclude, limit or disclaim

This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Trade Practices Act 1974 (Cth)

7. Website content and security
Jollybooknut is not obliged to monitor, screen, police or edit the use of the website, including postings of materials to the website, although Jolybooknut reserves the right to do so in its discretion. Jollybooknut will respond as it considers appropriate, at its discretion, if it becomes aware of any inappropriate uses of the website, including without limitation uses that constitute copyright infringement. You may report any claims or concerns (including copyright infringement claims) regarding the websites or its content via the ‘Contact Us’ page on the website
Given the nature of the internet, we cannot guarantee that this website is free from viruses, fault or other conditions which could damage or interfere with your computer systems and we do not warrant that your access to this website will be uninterrupted, error free or that any defects will be corrected. You assume the risk of any damage to your property as a result of using this website and to the maximum extent permitted by law; we disclaim all liability for any errors, omissions and faults.
You must take your own precautions to ensure that the process which you use for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website

8. Links to other websites
The website may include advertisements for, and links to, other websites or resources and businesses operated by other persons, including booksellers ("Other Websites"). Other Websites are independent from Jollybooknut, and Jollybooknut has no responsibility or liability for or control over Other Websites, their business, goods, services, or content. Links to Other Websites are provided solely for your convenience. Jollybooknut does not sponsor or endorse any Other Websites or their content or the goods or services available through those Other Websites. Your use of Other Websites and your dealings with the owners or operators of Other Websites is at your own risk, and you shall not make any claim against Jollybooknut arising out of your use of any Other Websites or your dealings with the owners or operators of any Other Websites.

9. Copyright, trademarks and intellectual property
The website and its content (including all information in text, graphical, video and audio forms, images, icons, software, design, applications and other elements available on or through the website) are the property of Jollybooknut and others, and are protected by international copyright and other laws. Your use of the websites does not transfer to you any ownership or other rights in the website or their content.

You must not, without our prior written permission, exploit any of our site materials for commercial purposes, except where you are allowed because you have purchased our products or services.
No trade mark of ours (whether registered or otherwise) may be used without our prior, specific, written permission.

10. Governing law and jurisdiction
These terms and conditions are governed by and construed in accordance with the laws of Queensland, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
If any provision of these terms and conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these terms and conditions, which will continue in full force and effect.
If you access this website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. We make no representations that the content of this website complies with the laws of any country outside Australia.
You warrant that you are of legal age and capacity. Children must not use this site without the express permission of their parents, guardians or other responsible adults.

Nothing on this site constitutes an offer to provide products or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.

These terms and conditions have been prepared in the English language and must be construed accordingly.

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Jollybooknut ABN: 73 677 566 087 ©2010
Website Terms and Conditions