Terms & Conditions
Terms and Conditions
The products on the Web Site are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.
AGREEMENT BETWEEN USER AND Kids Book Nook
The Kids Book Nook Web Site is offered to you and conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Kids Book Nook Web Site constitutes your agreement to all such terms, conditions, and notices.
Kids Book Nook reserves the right to change the terms, conditions, and notices under which the Kids Book Nook Web Site is offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on the Kids Book Nook Web Site. Your continued use of the Kids Book Nook Web Site constitutes your agreement to all such terms, conditions, and notices.
Kids Book Nook may modify, suspend, discontinue or expand the extent of the services provided on this site at any time in its absolute discretion.
INFORMATION ON THIS SITE
The Kids Book Nook Web Site presents information provided by our suppliers. We make no representations as to the accuracy of the information presented at or via the Web Site.
You agree that you must evaluate, and bear all risks associated with, the use of all information at the Web Site, including any reliance on the accuracy, completeness, or usefulness of it. By using the Web Site you agree that Kids Book Nook and any of its subsidiary or related or affiliated companies or any of their employees or agents are not responsible for:
- the accuracy or otherwise of the information displayed or omitted from the Web Site;
- any person's reliance on the information presented on the Web Site;
- any loss in connection with the use of the Web Site.
Any order placed by you in the manner described in this website is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified in this website at the time you place your order on these Terms and Conditions. Kids Book Nook reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order.
Prices of products and services and delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability.
Please read the Delivery Information contained in the website. The delivery times are indicative only and Kids Book Nook will not be liable for any failure to observe these delivery times.
RISK AND TITLE
Kids Book Nook will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service. You should consider whether to obtain any suitable insurance.
The circumstance in which Kids Book Nook is obliged to make a Refund is detailed in its Refunds and Returns Policy.
You acknowledge and agree that:
the Web Site and any necessary software used in connection with the Web Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws;
The Content contained in sponsor advertisements or information presented to you via the Web Site or third parties such as advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorised by Kids Book Nook or the relevant third parties, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Web Site, in whole or in part.
You expressly understand and agree that:
your use of the Site is at your sole risk
the Site is provided on an “as is” and “as available” basis.
Kids Book Nook expressly disclaims all warranties of any kind, whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Kids Book Nook makes no warranty that:
- the Site will meet your requirements;
- the Site will be uninterrupted, timely, secure, or error-free;
- the results that may be obtained from the use of the Web Site will be accurate or reliable;
- the quality of any products, services, information, or other material purchased or obtained by you through the Web Site will meet your expectations; and
- any errors in the Web Site will be corrected.
Any material downloaded or otherwise obtained through the use of the Web Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Kids Book Nook or through or from the Web Site shall create any warranty not expressly stated.
LIMITATION OF LIABILITY
You understand and agree that Kids Book Nook, its related corporations and the employees and agents of each is not liable for any damages, economic or other loss or damage whether direct, indirect, incidental, special, consequential or exemplary and even if Kids Book Nook has been advised of the possibility of such damages, arising out of any breach of any implied or express term, condition or warranty or suffered as a result of the negligence of any of them (including without limitation loss of profits, goodwill, use, data or other intangible losses) or in respect of:
- The use of, or the inability to use the Web Site;
- The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into via or from the Web Site;
- Unauthorised access to or alteration of your transmissions or data;
- Statements or conduct of any third party on the Site; or
- Any other matter relating to the Site or products ordered through the Site.
In the case of goods supplied by Kids Book Nook to any one of the following at our option:
- The replacement of the goods or the supply of equivalent goods;
- The repair of the goods;
- The payment of the cost of replacing the goods or of acquiring equivalent goods;
- The payment of the cost of having the goods repaired; and
In the case of services supplied by Kids Book Nook to any one of the following at our option:
- The supplying of the services again;
- The payment of the cost of having the services supplied again.
TRADE MARK INFORMATION
The Kids Book Nook name and trade marks, including the distinctive slogans and logos, that appear at the Web Site are trade marks of Kids Book Nook or other third parties. You agree not to display or use or link to the trade marks in any manner without prior permission from Kids Book Nook or the relevant third party owner.
LINKS TO THIRD PARTY SITES OR SERVICES
This site may contains links to sites of third parties. Those sites are not under the control of Kids Book Nook and Kids Book Nook is not responsible in any way for the contents of any linked site. The links are provided for your convenience only and the existence of the link does not imply any endorsement of the linked site by Kids Book Nook. Any link by you to a third party's site is done at your own risk.
Kids Book Nook is not responsible for webcasting or any other form of transmission received from any linked site.
This site also contains advertisements for third parties (including banner ads or other types of advertisements). Those advertisements may also contain links to other sites controlled by third parties. Any third party pays for its advertising on this site and Kids Book Nook does not recommend or endorse any products or services offered by its advertisers. You must check with the advertiser for information about products or services offered.
Kids Book Nook does not endorse any offers made by any third parties and Kids Book Nook is not a party to the making of the offer. The third party advertiser is solely responsible to you for the offer and for any goods and services you purchase from them.
Kids Book Nook does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Kids Book Nook will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on Kids Book Nook, it shall be limited to the cost of re-supplying that information.INDEMNITY
Kids Book Nook relies on you observing these terms at all times. You agree to indemnify and hold Kids Book Nook and its officers and employees harmless from any claims of any nature whatsoever (including legal costs) by any third party arising out of or in connection with your use of this site. The indemnity is this clause extends to and covers your breach of these terms.
RIGHTS TO USE INFORMATION YOU SEND USIf you send any information to us whether by email or in any other form, then we have the right to reproduce, distribute, transmit, create derivative works of or publicly display any materials or other information that you submit. This right extends to any ideas you might send us in regard to new or improved products or services.
APPLICABLE LAWThese terms are covered by the law in force in the State of Victoria and the parties are to submit to the non-exclusive jurisdiction of the courts of Victoria.
If any of these terms is held by any court to be invalid, the remaining terms will remain in full force and effect.