My-BookCafe Customer Agreement
Please read these terms carefully, since your use of this website constitutes acceptance of these terms and creates a binding legal agreement. If you choose to accept these terms, you must do so as they are presented to you; no changes (additions or deletions) will be accepted by My-BookCafe.
Legal Agreement
The terms and conditions set forth in this document apply to all visitors ("Users" or "you") to My-BookCafe's website ("Site"), and constitute a binding, legal agreement ("Agreement") between the User and My-BookCafe Pty Ltd ( "My-BookCafe").
Please read the information below carefully. By using the Site, you accept the terms and conditions described below, and you warrant and represent that you have the legal capacity to enter into this Agreement.
Introduction
My-BookCafe provides a service to enable Users to purchase digital content in on-line or printed formats. Digital content ("Content") may consist of information, data, text, music, sound, photographs, graphics, video, messages or other materials.
Privacy
In general, My-BookCafe collects Personal Data when you register with My-BookCafe, when you use My-BookCafe services and when you visit My-BookCafe pages or pages related to the Content posted on My-BookCafe pages. That information is used to fulfill your requests for products and services, to conduct research, to contact you,and to improve My-BookCafe services. My-BookCafe endeavors to limit access to your Personal Data to only those My-BookCafe employees who reasonably need access to complete these purposes.
My-BookCafe will disclose Personal Data under the following circumstances:
In response to subpoenas, court order, other legal process, to establish or exercise My-BookCafe's legal rights or defend against a legal claim, or as otherwise required by law;
As necessary to investigate or prevent violations of the terms of this Agreement, suspected illegal activity or threats to the physical safety of another person;
To My-BookCafe's trusted partners who work on My-BookCafe's behalf under confidentiality agreements;
If My-BookCafe is acquired by or merged with another company.
My-BookCafe will transfer your Personal Data to other countries where it does business, but will always treat your Personal Data according to the terms of My-BookCafe's Privacy Pledge.
For a complete description of My-BookCafe's use and disclosure of your Personal Data and our contact information, please review My-BookCafe's Privacy Pledge.
Returns
Content that has been purchased, whether in electronic or printed format, will be accepted for return only if
My-BookCafe will consider any reasonable reason for exchanging non-downloadable product within 30 days of receiving your order. Please contact customer service to inquire.
My-BookCafe will gladly refund an order up to the original price or replace faulty items in accordance with the following processes for all online purchases.
2. Do not return the items unless you are instructed by My-BookCafe customer service to do so.
3. Books will be inspected by our Quality Assurance Department and if the book is deemed to be faulty due to manufacturing or materials, My-BookCafe will replace or refund free of additional freight charges. We will not refund items damaged due to typical wear and tear. Only damage and fault due to manufacturing will be considered. If deemed not to be faulty, the book will not qualify for an exchange or refund. You will be charged a processing fee and any freight costs associated with the return to you, payable in advance.
4. You must provide "proof of purchase", being either an invoice, bank statement, or email confirmation from My-BookCafe.
5. Refunds can only be credited back to the credit card that was being used to make the original purchase. Refunds can be made with Paypal payments. The refund will be processed as soon as the items have been returned and inspected by My-BookCafe.
6. Please note: only items purchased through our online store can be returned through our online store.
International Users
My-BookCafe makes no representation that material on the Site is appropriate to or available at locations outside of Australia. You may not use the Site or export the Contents in violation of Australian export regulations. If you access this Site from a location outside of Australia, you are responsible for compliance with all applicable local laws and any local taxes that may be payable.
7. Disclaimers
Everything on My-BookCafe's Site and everything sold via the Site, including all services, information, materials, forums, tools and Content is offered by My-BookCafe and its third-party licensors and content providers on an "as-is," "as-available" basis, without representation or warranty of any kind, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose. Without limiting the prior statement, My-BookCafe cannot vouch for the quality, accuracy, completeness, or currentness of any Content or information sold or provided through the Site.
Regarding downloads, My-BookCafe does not represent or warrant that downloading content or use of the site will be successful, and does not represent or warrant that any such downloading or use will not cause damage to your computer, data, software, files or peripherals. My-BookCafe will not be liable for any damage to your computer, data, software, files, or peripherals that may be caused by your use of the site and downloading Content.
8. Limitation of Liability
In no event shall My-BookCafe or any of its officers, employees, directors, affiliates, agents or third-party licensors and content providers be liable to you or anyone else for any special, consequential, indirect, cover, punitive, incidental or similar damages (including, without limitation, lost profits, lost sales, or lost business) directly or indirectly related to or arising out of the Site, Content on the Site, or any transaction entered hereunder, whether in contract, tort or otherwise, even if My-BookCafe or one of its officers, employees, affiliates or agents has been advised of the possibility of such damages. You agree that the liability of My-BookCafe, its officers, employees, affiliates, and agents, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with any transaction entered hereunder or the Site shall not exceed the amount you paid to My-BookCafe in connection with the transaction giving rise to such claim. Any action under this Agreement must be commenced within one (1) year after such cause of action occurs.
The foregoing limitation applies to the acts, omissions, negligence, and gross negligence of My-BookCafe, its officers, employees, affiliates and agents which, but not for this provision, would give rise to the cause of action against My-BookCafe in contract, tort, or any other legal doctrine. Your sole and exclusive remedies under this agreement are as expressly set out in this agreement. Any warranty gives you specific legal rights. You may also have other rights, which vary from state to state or country to country.
9. Proprietary Rights
My-BookCafe is the owner of all intellectual property rights, including all copyright, patents, and trademarks, associated with the Site, with all rights reserved, exclusive of Content provided by third parties (including Content), which is owned by the licensors of such Content. My-BookCafe owns the design, format and layout of the Site. All copyright, patent, trademark, and other intellectual property-related notices must remain affixed to any materials downloaded from this website. Failure to maintain such notices voids the authorization granted above. In granting this authorization, My-BookCafe grants no other right, title, ownership, license, or other property interest in the materials and subject matter posted on the Site, and in any intellectual property rights protecting such materials and subject matter.
The My-BookCafe logo and the names of all My-BookCafe products and/or services as posted herein are either trademarks or service marks, or registered trademarks and/or service marks of My-BookCafe.
10. Miscellaneous
This Agreement is binding. It cannot be changed, except as the Agreement describes, specifically including the Amendments section below, unless both parties agree to a change and that change is set out in a written document signed by both parties.
No rights provided by this Agreement are lost or diminished because of lack of use of such rights.
Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.
This Agreement is governed by the laws of the State of Victoria, without regard to its "choice of law" provisions. The parties agree that any dispute that cannot be settled by good faith negotiation shall be submitted to arbitration in accordance with the rules of the Australian Arbitration Association. The location of the arbitration shall be Melbourne, Victoria. The arbitration shall be conducted by a single arbitrator with experience in computer/technology matters and in the publishing industry. The decision of the arbitrator shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction.
My-BookCafe and its subcontractors or suppliers shall not be liable for any delay caused by the occurrence of such event beyond their reasonable control (wars, sabotage, riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.).
This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venturer of the other party for any purpose whatsoever.
Term
This Agreement is effective until terminated. My-BookCafe may terminate or suspend this Agreement immediately for any reason and without prior notice to you. All provisions of this Agreement relating to disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights shall survive termination.
12. Agreement and Amendments
By using the Site, you are confirming that you have the full power and authority to perform in accordance with the terms of this Agreement. You also agree that this Agreement is a legal, valid and binding obligation, and that its terms and conditions can be enforced. We encourage you to print and keep a copy for reference.
My-BookCafe may change the terms in this Agreement from time to time. When the terms are changed, My-BookCafe will make a posting on the Site regarding the change. You agree to review the terms of this Agreement from time to time. If you do not agree to be bound by any future changes, you should promptly notify My-BookCafe and discontinue your use of the Site. If you use the Site after My-BookCafe has posted a change to these terms on the Site, you are agreeing to be bound by all of the changes.
