TERMS OF WEBSITE USE
Welcome to the Mulboo website terms & conditions.
By using or accessing this website you acknowledge that you have read, understood and agreed to be bound by the terms & conditions set out in our FAQ subcategories.
All the subcategories outline the shopping process, delivery terms, our returns & exchanges policy as well as other information that will assist with shopping on-line.
The owner and operator of this website is Mulboo, Brisbane, QLD, Australia
Use of this website is subject to these Terms of Use.
1. All Prices are in Australian Dollars.
2. Where an item is shipped from Australia its price (including any applicable delivery and order charge) is inclusive of Australian GST(Goods and Services Tax).
3. Please ensure the delivery address and receiver’s name for your order is accurate and complete (including any business name if shipping to a work address) as we are unable to change any details once the order has been placed. Mulboo will not take responsibility for any orders that go missing due to incorrect delivery information provided by you.
4. You must notify us within 6 weeks of dispatch date as recorded in your account if you have not received an item. After this time no refund will be issued for any missing orders.
5. The information contained in this website may contain technical inaccuracies, typographical or bibliographical errors. All liability of Mulboo howsoever arising for inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
6. Mulboo is the copyright owner of the content of this website or is permitted by the copyright owner to use the content on the website. Brand names, images and other product information used in this website may be the trademark or intellectual property of a registered holder. No permission is given in respect of use of any of the above, and such use may constitute an infringement of the holders’ rights.
7. Except as permitted by the Copyright Act 1968 (Cth) (as amended) no part of this website may be reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the express written permission of Mulboo.
8. Nothing contained in the website should be construed as granting any licence or right of use of any trademark or part of any trademark displayed on this website without the express written permission of Mulboo or third party owner.
9. Offers and vouchers are only valid for redemption on this website and cannot be used to purchase gift cards.
10. These Terms of Use are governed by the laws in force in the State of QLD and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the State of QLD and any courts which may hear appeals from those courts.
IF YOU DO NOT AGREE TO THESE TERMS OF USE
PLEASE DO NOT USE THIS WEBSITE.
1. General.
Mulboo is an online service that allows users to browse, read and purchase items from content providers through multiple electronic interfaces including the mulboo.com.au website, mobile applications, web applications or “widgets”, and other applications (the Service).
A. By registering, accessing or using the Service you signify that you have read, understand and agree to be bound by these terms of use (Terms of Use), whether or not you are a Registered User of the Service. You are only authorised to use the Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and comply with these Terms of Use.
B. Mulboo reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time by posting the changes to these terms and conditions on the Service at this Website. Your continued use of the Service after any such changes are posted constitutes your acceptance of the revised terms and conditions. You are hereby advised that you are entirely responsible for keeping yourself updated on the changes and to re-read these terms and conditions each time you use the website.
C. If you do not comply with these Terms of Use at any time, you expressly agree that Mulboo shall have the right:
(a) to immediately cancel or terminate your access to the Service or any part of it and/or your user account, if any;
(b) in Mulboo’s sole discretion and without prior notice or liability, to discontinue, modify or alter any aspect of the Service including, but not limited to: (i) restricting the time the Service is available; (ii) restricting the amount of use permitted; and (iii) restricting or terminating any user’s right to use the Service. You agree that any termination or cancellation of your access to, or use of, the Service may be effected without prior notice to you and
© to immediately deactivate or delete your user account, if any, and (to the extent permitted by law) delete all related information and/or files in your user account and/or bar any further access to such information and/or files and/or the Service (or part thereof).
D. You further agree that Mulboo will not be liable to you or any third-party for terminating or cancelling your access to, or use of, the Service, and your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Service, or any policies or practices by Mulboo in providing the Service, including without limitation any change in content, is to cease using the Service and cancel or terminate your subscription or Registered User account, as applicable.
2. Registered Users.
The Service is open to the public but certain portions, components, content and features of the Service (including purchases or access to eBooks) are only available to individuals who register with Mulboo and create a user account on the Service (each, a Registered User). If you are a Registered User then you agree to the following:
A. in consideration of your use of the Service, you represent that you are of the age of majority in the jurisdiction in which you reside, or 13 years old or older up to the age of majority in the jurisdiction in which you reside with the express written consent of your parent or legal guardian, and are not a person barred from receiving services under the laws of Australia or other applicable jurisdiction. You also agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Service, including your geographical location and billing address (the “Registration Data”); and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Mulboo has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof);
B. Registered Users will receive a password and account designation upon completing the Service registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to:
(a) immediately notify Mulboo of any unauthorised use of your password or account or any other breach of security and
(b) ensure that you properly log out of your account at the end of each session.
C. Any personal information you provide in the registration form will be collected in accordance with, and for the express purposes set out in, the Mulboo Privacy Policy.
3. Restrictions on Use.
These terms apply to all users of the Service, whether or not you are a Registered User.
A. You shall use the Service for lawful purposes only. You shall not post or transmit through the Service any material that violates or infringes in any way upon the rights of others; or that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; or which encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violates any law. Without Mulboo’s express prior approval, you shall not post or transmit through the Service any material that contains advertising or any solicitation with respect to products or services.
You must not use the Service to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services. Any conduct by you that in Mulboo’s discretion restricts or inhibits any other user from using or enjoying the Service will not be permitted.
B. All content on the Service, including but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (Site Content), save and except for any literary works, are the proprietary property of Mulboo or its licensors with all rights reserved.
(a) No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Mulboo’s prior written permission.
(b) Provided that you are eligible for use of the Service and subject to these Terms of Use, you are granted a limited licence to access the Service and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact.
© You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited.
The foregoing licence is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Service or the Site Content other than as specifically authorised herein, without the prior written permission of Mulboo, is strictly prohibited and will terminate the licence granted herein. Such unauthorised use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.
Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any licence to intellectual property rights, whether by estoppel, implication or otherwise. This licence is revocable by Mulboo at any time without notice and with or without cause.
C. You must not upload, post or otherwise make available on the Service any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
By submitting material to any public area of the Service, you automatically grant, or warrant that the owner of such material has expressly granted, Mulboo the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Service to access, view, adapt or reproduce the material for that user’s personal use. You grant Mulboo the right to edit, copy, display, publish and distribute any material made available on the Service by you. The foregoing does not apply to literary works provided to Mulboo for sale on the Service by a publisher or other content provider.
D. You may 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 Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
E. You are prohibited from violating or attempting to violate the security of the Service, including, without limitation:
(a) accessing data not intended for you, including logging into a server or account which you not authorised to access;
(b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorisation;
© using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Site Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website;
(d) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Mulboo’s systems or networks, or any systems or networks connected to the Service or to Mulboo;
(e) conducting a reverse look-up, tracing or seeking to trace any information on any other user, Registered User or visitor to the Service, or any other customer of Mulboo, to its source, or exploiting the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service;
(f) 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”;
(g) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(h) disrupting network nodes or network services or otherwise restricting, inhibiting, disrupting or impeding Mulboo’s ability to monitor or make available the Service; or
(i) taking any action in order to obtain services to which you are not entitled.
Violations of system or network security may result in civil or criminal liability. Mulboo will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user (whether or not a Registered User) who is involved in such violations.
4. Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER MULBOO, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.
B. TO THE EXTENT PERMITTED BY LAW: (1) ALL CONDITIONS, WARRANTIES,GUARANTEES, RIGHTS, REMEDIES, LIABILITIES AND OTHER TERMS IMPLIED BY STATUTE,CUSTOM OR THE COMMON LAW ARE EXCLUDED FROM THESE TERMS OF USE; AND (2) THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE.
C. SUBJECT TO PARAGRAPH D BELOW, IN NO EVENT WILL MULBOO,OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE TO YOU, WHETHER IN CONTRACT, INTORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY(INCLUDING STRICT LIABILITY), FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF REVENUE, LOSS OF CUSTOMERS, LOSS OF CAPITAL, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE WEBSITE.
D. IF A SUPPLY UNDER THESE TERMS OF USE IS A SUPPLY OF GOODS OR SERVICES TO ACONSUMER WITHIN THE MEANING OF THE AUSTRALIAN CONSUMER LAW SET OUT INSCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH) AS AMENDED ORREPLACED FROM TIME TO TIME (“AUSTRALIAN CONSUMER LAW”), NOTHING CONTAINEDIN THESE TERMS OF USE EXCLUDES, RESTRICTS OR MODIFIES THE APPLICATION OF ANYPROVISION, THE EXERCISE OF ANY RIGHT OR REMEDY, OR THE IMPOSITION OF ANYLIABILITY UNDER THE AUSTRALIAN CONSUMER LAW, PROVIDED THAT, TO THE EXTENTTHAT THE AUSTRALIAN CONSUMER LAW PERMITS MULBOO TO LIMIT ITS LIABILITY, THEN MULBOO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWNNEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) SHALLBE LIMITED TO: (I) IN THE CASE OF SERVICES, THE COST OF SUPPLYING THE SERVICESAGAIN OR PAYMENT FO THE COST OF HAVING THE SERVICES SUPPLIED AGAIN; AND (II) INTHE CASE OF GOODS, THE COST OF REPLACING THE GOODS, SUPPLYING EQUIVALENTGOODS OR HAVING THE GOODS REPAIRED, OR PAYMENT OF THE COST OF REPLACING THEGOODS, SUPPLYING EQUIVALENT GOODS OR HAVING THE GOODS REPAIRED.
E. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MULBOO IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
5. Monitoring.
Mulboo shall have the right, but not the obligation, to monitor the content of the Service including any chat rooms and forums, to determine compliance with these Terms of Use and any operating rules established by Mulboo and to satisfy any law, regulation or authorised government request. Mulboo shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Service that Mulboo determines to be objectionable. Although Mulboo reserves the right to remove, without notice, any posting for any reason, Mulboo has no obligation to delete submissions that you may find objectionable or offensive.
6. Indemnification.
You agree to defend, indemnify and hold harmless Mulboo and its 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 attorneys’ fees) arising out of your use of the Service.
7. Trademarks.
Mulboo, mulboo.com.au and related words, domain names, logos and trademarks are the property of Mulboo or its licensors. You must not use these domain names, logos and trademarks except as expressly permitted by these Terms of Use.
8. Third-Party Content.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including content providers and users, are those of the respective author(s) or distributor(s) and not of Mulboo. In many instances, the content available through the Service represents the opinions and judgments of the respective content provider or user. Mulboo neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Service by anyone other than authorised Mulboo employee spokespersons while acting in their official capacities.