These Online Terms & Conditions (T&Cs) govern the creation and use of an Account by you via our website and all digital platforms accessed from www.mahobayedition.com (the Website), including the terms and conditions that apply to the purchase by you and the supply by us of any and all Products offered by us through the Website. The Website is owned and operated by Mahobayedition (we, our or us).  

We encourage you to read these T&Cs carefully.  By clicking the link on our Website to make a purchase of a Product from us, by accessing or using the Network in any way, or by subscribing for an Account with us, you acknowledge and confirm that you have read and understood these T&Cs and agree to abide by these T&Cs. If you do not agree to any of the T&Cs, you must not use the Website.

We reserve the right to revise, change or modify these T&Cs at any time by posting new T&Cs on the Network. You are bound by any such revisions and should therefore visit the T&Cs each time you visit the Network to review the current T&Cs by which you must abide.

By accepting these T&Cs, you also: 

1. agree to our Website Terms & Conditions and our Privacy Policy, which are incorporated herein by reference
2. warrant to us that you are at least 18 years old or if younger than 18 you have the approval of your parent or guardian. If you are of age with legal capacity, you warrant that you have the legal capacity to enter these T&Cs and have read and understood these T&Cs.

We use a third party payment gateway in relation to the receipt and payment of all Fees.  We have no responsibility for your actions or inactions once you make a payment via the third party, or agree to accept a payment from us via the third party payment gateway, or the actions or lack of actions by the third party payment gateway, other than as stated in these T&Cs.

Definitions

Account means an online account made available to you to enable you to purchase Products.

Content means any information or material of any kind published by or made available to us on the Network (including material provided by you for publishing on the Network) including, without limitation, text, graphics, data, images, business, company or trade names, domain names and trademarks, whether registered or unregistered.  

Fees means the fees payable to us by you for Products you have offered to buy from us, including the cost of all delivery fees and any other amounts payable to us under these T&Cs or as set out on the Website.

Force Majeure means any event or circumstances beyond the reasonable control of us including any fire, lightning strike, flood, earthquake, natural disaster, sabotage, nuclear contamination, terrorism, war or civil riot that occurs to the extent that it:

1. would be unreasonable to expect us to have planned for, avoided or minimised the impact of such circumstance by appropriate risk management, disaster recovery or business resumption plan 
2. results in us being unable to perform an obligation under these T&Cs on time.

Products means the goods and services offered for sale by us via the Website.

Term means the period from subscription for an Account by you until termination in accordance with clause 6.

Product Purchases

You are sometimes required to create an Account in order to purchase Products from us.  We will provide a confirmation of Account registration when you register for an Account. It is your responsibility to keep your Account details up to date and confidential.  You are liable for all activity on your Account, including purchases made using your Account details.

By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate. 

If you become aware of any unauthorised use of your Account, you agree to inform us immediately in writing.

You may buy Products from us as set out on the Website. We may at our discretion accept or reject an order depending on factors including availability of Products and our ability to validate payment for Products.  It is your responsibility to check your order details, including selected Products and Fees before you complete your order on the website

We will provide you with order details, which may include an order number, the shipping and billing addresses and a description of what was ordered when you order and pay on the Website and your payment has been validated.

Please be aware that some of the Products sold through the Website may not be suitable for children under 18 years of age, so please take extra care when purchasing Products for children under 18 years of age.

You agree to pay us the Fees for the Products and any other amounts payable to us under these T&Cs as set out on the Website. All amounts are stated in Australian dollars and are inclusive of GST (where applicable). Changes to wholesale prices and RRP (recommended retail) may occur without notice, and will be updated on the Website without notice.

You must pay for the Products by one of the methods set out on our Website and via a third party payment gateway. You must not pay, or attempt to pay, for our Products through any fraudulent or unlawful means.

All Product purchases are subject to availability. We do our best to keep in stock most Products and to keep the Website up to date with the availability of our Products.

If there is a considerable delay in dispatching/delivering your order, or if for any reason we cannot supply the Products you have ordered, we will contact you using the contact details provided by you when you placed the order to work out the best way to proceed under the circumstances.  We reserve the right to delay sending you your order if we deem it necessary or for any other reason. Any delivery periods displayed on the Website are estimates only, based on the information provided by third parties to us. We are not responsible for delivery delays. We will deliver the Products to the address of delivery you specify when making your order. 

If you need to change the delivery date or delivery address, please notify us immediately in writing. If you are unable to accept the new proposed delivery date, you may be charged a delivery fee for each additional attempt of delivery.

Title of the Products will remain with us until you have paid us the Fees in full in accordance with these T&Cs. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest on or over the Products.

We are not liable for an harm or damages related to the purchase or use of goods, servies, resources, content or any other transactions made in connection with any third-party sites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

Risk of loss, damage or deterioration to any Products will pass to you once the Products leave our possession to be sent by us to you. Once risk in the Products passes, you will be solely responsible for the Products. We do not provide refunds if Products have been delayed and are damaged. We may from time to time offer promotional discount codes, which may be applicable to certain Products on our Website. To claim the discount, you must enter the promotional discount code at the time of submitting your order on our Website. The conditions of use relating to any promotional discount code will be specified on our Website at the time it is issued. 

Consumer Law and Refunds

While the Product information and material contained on the Website is believed to be accurate and current, it is provided by us in good faith on an “as is” basis, and we and our directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Website.

Any information or recommendation contained on the Website is general only and does not constitute advice. You acknowledge that it is not reasonable for you in the circumstances to have, and you are not relying on the information on the Website in deciding to purchase Products and will be relying on your  own  enquiries  and  advice  in  deciding whether the Products are right for you.  We  accept no responsibility  and will not be liable for any  harm, loss and/or damage that you or any third party may suffer, directly or indirectly, as a result of any  advice, information or recommendation  contained on the Website being inaccurate, incomplete, unsuitable or incorrect.

We provide no warranty as to, and to the extent permitted by law expressly disclaim any liability for harm, loss and/or damage that you or any third party may suffer, directly or indirectly, as a result of a Product listed on the Website being unsafe, unsuitable for you or them or unfit for your or their purposes and/or use, because of your or their particular circumstances or condition, and/or the Products not providing an expected or otherwise desired or beneficial effect or appearance, even if you disclosed that purpose to us before purchasing the Product, as you acknowledge that you are not relying on our skill or judgement or the skill in that regard.

If you wish to seek repair, resupply, replacement or a refund for any Product purchases, please contact us and we will explain the requirements to you. This may include you providing proof of purchase and evidence of the faulty Product to us.

If you seek a refund under any circumstances, the request must be received in writing by us within 7 days of the order being placed on the site. Refunds will only be available if Products are returned to us in a resalable condition. If you are entitled to a refund, we will only give you the refund once evidence of the faulty Product is received by us, or we have received the Products and inspected them and assessed whether they are eligible for a refund under these T&Cs.  Any refund we make will be by the same payment method used to purchase the Products and will be processed through a third party payment gateway.  We will not accept or return any goods that have been used, connected, installed, attempted to be connected or installed, or if your Products are custom-made or are special buy Products.  You must ensure that it is not damaged during return delivery to us. If Products are sent back to us, we are not liable for damage to those Products during transit.  If you damage a Product, then subsequently return the Product, you may be liable to pay to repair the Product to their original condition. In these circumstances, where a repair is not economically viable, no refund will be made.

Change of mind exchanges or refunds are not allowed for gift vouchers and in any event are at our sole discretion. We reserve the right to refuse an exchange or refund for a change of mind request. We do not cover the cost of delivery for a change of mind return and you must pay for the return postage delivery fee.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at Our request, or by your own volition you send Us comments, feedback, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by post, or otherwise (Comments), you acknowledge and agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such Comments.  We are under no obligation to (i) maintain any Comments in confidence; (ii) pay compensation for any Comments; or (iii) respond to any Comments.

By making any Comment to Us, you represent, acknowledge and agree that: (i) your Comments will not violate any right of any third-party, including the intellectual property rights of any third-party; (ii) your Comments will not contain libellous or otherwise unlawful, abusive or obscene material; and (iii) your Comments do not contain any computer virus or other malware that could in any way affect the operation of Our site.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy.

We may, but have no obligation to, monitor, edit or remove, any content on Our site, including any Comments.

PERSONAL INFORMATION

We will handle any personal information that you provide to Us in accordance with Our Privacy Policy.  Our Privacy Policy can be accessed through Our site.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on Our site, or on, part of, or accompanying, Our products and services, that contains typographical errors, inaccuracies or omissions.  Such typographical errors, inaccuracies or omissions may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.  We may, at any time and without prior notice, correct any such errors, inaccuracies or omissions, change or update information, or cancel any orders you have placed with in connection with such typographical errors, inaccuracies or omissions (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on Our site, or in connection with Our products and services, including without limitation, pricing information, except as required by law.  No specified update or refresh date in connection with Our site, or products and services, should be taken to indicate that all information on Our site or provided in connection with Our products and services has been modified or updated.

PROHIBITED USES

In addition any to other prohibitions set out in these Terms, you are prohibited from using Our site or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state laws, regulations, rules, or ordinances; (iv) to infringe upon or violate Our intellectual property rights or the intellectual property rights of third-parties; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate Us or third-parties; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Our or third-party sites; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of Our or third-party sites.  We reserve the right to terminate your use of Our site or any related site for violating any of these Terms.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of Our site will be uninterrupted, timely, secure or error-free.

You agree that from time to time We may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, Our site is at your sole risk.  Our products and services delivered to you are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including to the maximum extent permitted by law, all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

To the maximum extent permitted by law, in no case shall Mahobay Edition, Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of Our site, products and services, including, but not limited to, any errors or omissions in any content on Our site, or any loss or damage of any kind incurred as a result of the use of Our Site, products or services.

Push Notifications, Online and Mobile Alerts

You consent to us sending you push notifications. With your consent, we may send push notifications or alerts to your mobile device even when you are not logged in. Alerts sent via push notification will be sent to any device on which you have installed and registered our Website with notifications enabled. Alerts could be seen by others (including unauthorised persons) who use or access your device. We use push notifications to send you notifications. You can manage your push notification preferences or deactivate these notifications at any time by turning off the notifications through the applicable settings on your device.

Automatic alerts may be sent to you following certain changes made to your Account, such as a change in your registration information.  Voluntary account alerts are turned on by default. They may then be customised, deactivated or reactivated by you. These alerts allow you to choose alert messages for your Account. We may add new alerts from time to time, or cease to provide certain alerts at any time upon our sole discretion. Each alert may have different options available, and you may be asked to select from among these options upon activation of your alerts service. We offer no guarantees that alerts will be received by you, or that our service works on your specific device.

Electronic alerts will be sent to the email address, mobile phone, including via the app, you have provided for us. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. Changes to your email address or mobile number will apply to all of your alerts.

Alerts may include your account login details and some information about your Account. Anyone with access to your  email will be able to view the content of these alerts.

Disputes

In the event of any dispute arising from, or in connection with, these T&Cs (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged.

If the relevant Parties are unable to resolve the Dispute with 15 Business Days, any Party involved in the Dispute may (by written notice to the other parties) submit the Dispute to mediation administered by the Resolution Institute of Australia, with such mediation to be conducted:

• in good faith
• in New South Wales and
• in accordance with the Resolution Institute of Australia Mediation Guidelines.

The costs of mediation are to be split between the relevant parties, provided that each party will bear its own costs in relation to the mediation.

If the Dispute has not been settled within 20 Business Days after the appointment of a mediator, or such other period as agreed in writing between the parties, the Dispute may be referred by any party involved in the Dispute (by written notice to the other parties) to litigation.

If the parties do not resolve the Dispute within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

INDEMNIFICATION

You agree to indemnify, defend and hold the Company and Our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination of these Terms shall survive the termination of these Terms for all purposes.

These Terms are effective unless and until terminated by Us. You may also terminate these Terms at any time by notifying Us in writing that you no longer wish to use Our site, products or services.

If, in our sole judgment you fail, or We suspect that you have failed, to comply with these Terms, We may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to Our products and / or services (or any part thereof).

ENTIRE AGREEMENT

These Terms and any policies or operating rules posted by Us on Our site, or an additional terms and conditions accompanying Our products and / or services, constitutes the entire agreement and understanding between you and Us and govern your use of Our site, products and services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Us (including, but not limited to, any prior versions of the Terms).

The failure of Us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

GOVERNING LAW

These Terms and any separate agreements by which We provide you with Our products and services are governed by and construed in accordance with the laws of New South Wales, Australia.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to Us at contact@mahobayedition.com