Terms of use.

Literati Website Terms of Use

These Terms (as defined below) govern your use of the website located at www.literatibookclub.com.au operated by Literati Books ABN 13 785 175 155 (Literati) (Website).

Please read these Terms carefully. By using the Website, you agree to be bound by, and abide by, these Terms. You must not use the Website if you do not agree with these Terms.

Literati reserves the right to change these Terms at any time in accordance with section 18. Please check www.literatibookclub.com.au at regular intervals for any changes. Your continued use of the Website following any changes to these Terms will constitute acceptance of the Terms as varied.

1. Terms

These Terms consist of:

(a) these Website Terms of Use; and

(b) the Literati Privacy Policy at www.literatibookclub.com.au/privacy-policy,

as varied from time to time in accordance with section 18.

2. Pricing

2.1 All prices on the Website are displayed in Australian dollars and you will be charged in Australian dollars.

2.2 Pricing is subject to change without prior notice.

3. Orders

3.1 All orders submitted through the Website are subject to acceptance by Literati.

3.2 Once you submit your order, you will receive an email to confirm receipt of your order. This email confirmation does not constitute an acceptance of the order or an offer to sell products. Literati reserves the right to:

(a) refuse an order for any reason; and/or

(b) correct inadvertent errors, omissions or inaccuracies on the Website in relation to price, product availability or product descriptions.

Acceptance of all orders is subject to Literati confirming availability and price for products ordered. If your order is rejected for any reason you will be given a full refund for any amount paid for the order.

3.3 Literati only accepts your offer, and concludes the contract of sale for the product(s) ordered by you, when we despatch the product(s) and send you an email confirming that the product(s) have been despatched to your nominated shipping address. Literati may cancel your order (including orders accepted by Literati) without any liability to you if any of the products in your order are unavailable, or there were any errors in price or product description on the Website at the time of placing your order, or due to technical errors in processing your order. If we cancel your order for any reason you will be given a full refund for any amount paid for the order.

4. Intellectual property rights

4.1 All copyright in data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property on the Website (Content) is owned by, or licensed, to Literati. Except for viewing the Content for your own personal non-commercial use or as otherwise agreed in writing, Literati does not grant you any rights to use the Website or Content for any other purpose.

4.2 All registered or unregistered trade marks used on the Website belong to their respective owners.

5. User account

5.1 If you sign up for a user account on the Website, you:

(a) must keep your username and password confidential and secure; and

(b) accept all liability for any unauthorised use of any username or password issued to you (other than any unauthorised use resulting from any negligent act or omission legally attributable to Literati).

5.2 When signing up for a user account, you must provide accurate, complete and up-to-date information as requested during the sign-up process. It is your responsibility to inform Literati of any changes to that information. You may do this at any time by updating your details via your user account.

6. Use of the Website

6.1 You must not:

(a) access or attempt to access any part of the Website which is not designated for access by your password (where applicable);

(b) except as permitted under section 4.1, by any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Website or any Content;

(d) post, or transmit to the Website any abusive, obscene, threatening, defamatory, illegal or otherwise inappropriate material;

(e) do anything that imposes an unreasonable or disproportionate workload on the Website, or interferes or disrupts the Website or any network or other website connected to the Website;

(f) breach the security of the Website, test or scan the vulnerability of the Website, or make any unauthorised modifications to the Website;

(g) interfere with any other person's use or enjoyment of the Website;

(h) use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any content or any part of the content on the Website, or to reproduce or separately store or use such content;

(i) post or transmit any materials to the Website which breaches any laws relating to a person’s right to privacy or the export of personal data;

(j) post or transmit any materials to the Website which is incorrect or misleading; or

(k) use the Website in any way that otherwise breaches these terms.

6.2 Literati may refuse you access to the Website or edit or delete material posted by you in contravention of these conditions.

7. Third Party websites

7.1 The Website may contain links to other websites controlled by third parties (Third Party Websites). Literati is not responsible for any content on Third Party Websites nor does it endorse or approve such websites. If you choose to visit these Third Party Websites you do so at your own risk, and should make your own enquiries before relying on any content contained on such Third Party Websites.

7.2 Literati makes no representations about the quality or accuracy of content available on Third Party Websites, or that such content does not infringe the intellectual property rights or other rights of a third party.

8. Cookies

Cookies may be used on some areas of the Website. A cookie is a small file placed on a user's hard drive which tracks website navigation. For example, a cookie can be used to store registration information so that a user does not need to re-enter that information on subsequent visits. If you are concerned about cookies, most browsers have an option which permits users to refuse cookies. A user can refuse a cookie and still fully navigate our Website. In order to collect statistics we may anonymously log information, and identify categories of users by data items such as domains and browser types.

9. Disclaimers and limitations

9.1 While Literati updates the Website regularly, it makes no representation as to the accuracy, currency or completeness of any Content or services on the Website. All Content and services are provided on the basis that you undertake the responsibility for assessing their accuracy and that you rely on the Content and services entirely at your own risk. You should seek independent advice before acting on any material or information contained on the Website of any Third Party Website, and you must not provide any warranties to third parties in relation to the Content, the services or the performance of the Website.

9.2 To the extent that you acquire goods or services from Literati as a 'consumer' (as that term is defined in section 3 of the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these Terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statute where to do so would contravene that statute or cause any term of these Terms to be void (Non-excludable Obligations).

9.3 Subject to section 9.2:

(a) all Content and services on the Website are provided on an 'as is' basis; and

(b) Literati:

(i) expressly excludes all conditions, warranties, rights, remedies, liabilities or other terms that may be implied or conferred by statute, custom or the general law that impose any liability or obligation on Literati; and

(ii) does not warrant or guarantee in any way:

(A) the accuracy or completeness of any Content;

(B) that access to or operation of the Website will be uninterrupted or error free;

(D) that the Website will be free from viruses or other contamination.

9.4 Literati will not be liable to you for loss of profit or business revenue, reputation, goodwill, business or business contracts, use, anticipated savings, loss or corruption or destruction of data, loss arising from the transmission of viruses, or any indirect or consequential liability, loss or damage suffered by you (including any liability incurred to a third party) in connection with the Website including as a result of any negligence of Literati, and whether or not Literati was advised in advance of the possibility of such liability, loss or damage.

9.5 Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9.6 Literati's total liability to you (including as a result of any negligence of Literati) in respect of any and all loss or damage suffered by you in connection with the Website is otherwise limited to $50.

10. Indemnity

You indemnify Literati against all actions, claims, charges, costs (including legal costs on a full indemnity basis), expenses, losses, damages and other liability that Literati may sustain or incur, directly or indirectly, as a result or as a consequence of:

(a) your breach of these Terms;

(b) any negligent or fraudulent act, error or omission by you;

(d) the reliance of any third party to whom you disclose or otherwise make available any part of the Content.

11. Suspension and termination

11.1 You may stop using the Website at any time for any reason.

11.2 Literati reserves the right, in its sole discretion, to suspend or terminate your access to the Website at any time without notice and for any (or no) reason, including, without limitation, due to:

(a) upgrades or maintenance performed on the Website; and

(b) your breach of these Terms.

Any such suspension or termination will not affect either party's rights or liabilities.

11.3 To the extent permitted by law:

(a) Literati may disclose any information we may have about you in relation to an investigation or allegation that your use of the Website is in breach of these Terms, or is in breach of law or other regulation; and

(b) Literati reserves its right to identify or bring legal action against any person who is breaching these Terms, including obtaining injunctive relief.

12. Gift Subscription Terms & Conditions

12.1 All Literati Gift Subscriptions are valid for 1, 3, 6 or 12 months from their date of purchase as applicable.

12.2 Literati Gift Subscriptions can be redeemed for books only and not for cash.

12.3 Literati Gift Subscriptions are non-refundable, non-transferable and cannot be redeemed for cash. Literati Gift Subscriptions should be treated as cash and cannot be replaced if lost or stolen.

14. Changes to these Terms

14.1 You can review the most current version of the Terms of Service at any time at this page.

14.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

14.3 If you do not accept a change made to these Terms, you must immediately cease using the Website and may close your user account by sending an email to team@literatibookclub.com.au or via your user account.

15. General

15.1 If any provision of these Terms is found to be invalid or unenforceable by a court of law, it may be severed and will not affect the remainder of these Terms, which will continue in full force and effect and these Terms will be deemed amended to replace, to the extent legally permitted, the rights and obligations contained in the invalid, illegal, or unenforceable provision. The invalidity, illegality, or unenforceability of any provision of these Terms will not constitute failure of consideration.

15.2 Any failure by Literati to act or enforce these Terms immediately will not be considered a waiver of Literati's right to take any such action.

15.3 These Terms are governed by the laws of Victoria, Australia. By using the Website, you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria, Australia in relation to any dispute relating to the Website. You are responsible for your compliance with all laws and regulations applicable to your location.

Last updated: May 2021