Terms for Customers

Terms for Customers

You must read, agree with and accept all of the terms and conditions contained in these Terms for Customers.

Definitions

ReadeBook Account means the account opened by a Customer or its authorised representative upon provision of the Customer’s full legal name, current address, phone number, a valid email address, and any other information indicated as required.

ReadeBook Support means supprt@readebook.com. 

Favourite Store means the Store you nominate as your preferred Store of all of the Stores on the ReadeBook platform.

Goods means any products offered for sale at any of the Stores on the ReadeBook platform.

Intellectual Property includes any copyright in any images or photographs of the Goods, copyright in any description of the goods, or any trade marks relating to the Goods or the Supplier of the Goods, and any other registered or unregistered intellectual property rights associated with the ReadeBook platform.

Materials means all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on the ReadeBook platform.

Store means an online store on the ReadeBook platform.

Store Owner means any person operating a Store.

Supplier means the manufacturer or distributor of any Goods advertised or promoted for sale on any Store on the ReadeBook platform.

ReadeBook Account

1. To purchase Goods from a Store, you must register for an ReadeBook Account. 

2. You must be 18 years of age to open an ReadeBook Account.

3. If you are signing up for an ReadeBook Account on behalf of your employer, then:

1. you must use your employer address and phone number, and your employer-issued email address; and

2. you represent and warrant that you have the authority to bind your employer to these Terms for Customers.

4. When opening an ReadeBook Account you must nominate a Store as your Favourite Store. You may change your Favourite Store from time to time.

5. You acknowledge that ReadeBook will use the email address you provide on opening an ReadeBook Account or as updated by you from time to time as the primary method for communication with you.

6. ReadeBook may reject your application for an ReadeBook Account, or suspend or terminate an existing ReadeBook Account, for any reason, in its sole discretion.

7. Verbal or written abuse of any kind (including threats of abuse or retribution) of any ReadeBook Store Owner, ReadeBook employee, member, or officer will result in immediate ReadeBook Account termination.

8. Without limiting any other remedies, ReadeBook may suspend or terminate your ReadeBook Account if we suspect that have engaged in fraudulent activity.

9. In the event of a dispute regarding ReadeBook Account ownership, we reserve the right to request Documentation to determine or confirm ReadeBook Account ownership. 

Use of the ReadeBook platform

10. All rights in and to the intellectual property in any content in any Store on the ReadeBook platform are reserved by the Store Owner, the Supplier or ReadeBook, as applicable.

11. You warrant that you will not infringe these intellectual property rights and, in particular, you will not use the ReadeBook platform, or the content contained on it, for any unauthorised purpose including but not limited to:

1. the reproduction of the content in any Store in any material form;

2. the distribution of the content in any Store in any material form;

3. re-transmission of the content in any Store by any medium of communication;

4. uploading or reposting the content in any Store to any other site on the Internet; and

5. “framing” the content in any Store with other material on any other website.

12. You will not modify or copy:

1. the layout of the ReadeBook platform; or

2. any computer software and code contained in the ReadeBook platform.

Links

13. The ReadeBook platform may be accessed via redirection from third party websites and domain names, owned and operated by third parties and which are not under our control.

14. In relation to the other sites on the Internet, which are linked to the ReadeBook platform, we:

1. provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and

2. are not responsible for the material contained on those linked sites.

Disclaimers

15. We are making the ReadeBook platform available for Store Owners to publish information without assuming a duty of care to Customers. We are not in the business of providing professional advice and give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Stores or linked sites on the Internet.

16. To the full extent permitted by law we disclaim any and all warranties, express or implied, regarding:

1. the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the ReadeBook platform, any Stores or on any linked sites; and

2. merchantability or fitness for any particular purpose for any Goods of any Suppliers contained or referred to on the ReadeBook platform, any Stores or on any linked sites.

17. We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

1. acting, or failing to act, on any information contained on or referred to on the ReadeBook platform, any Stores or on any linked sites; and

2. using or acquiring, or your inability to use or acquire, any Goods of any Suppliers contained or referred to on the ReadeBook platform, any Stores or on any linked sites.

18. We do not warrant, guarantee or make any representation that:

1. the ReadeBook platform, or the server that makes the site available on the Internet are free of software viruses;

2. the functions contained in any software contained on the ReadeBook platform will operate uninterrupted or are error-free; and

3. errors and defects in the ReadeBook platform will be corrected.

19. We are not liable to you for:

1. errors or omissions in the ReadeBook platform, or linked sites on the Internet;

2. delays to, interruptions of or cessation of the ReadeBook Account, any Stores, the ReadeBook platform, or any linked sites; and

3. defamatory, offensive or illegal conduct of any user of the ReadeBook platform, ReadeBook Account holder, Store Owner, Supplier or any other person

whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.

20. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the ReadeBook platform.

Goods

21. You acknowledge that the Stores, and the Goods available for purchase at the Stores, and the Prices of the Goods, will all change from time to time without notice to you.

22. ReadeBook shall not be liable to you or to any third party for any changes to the Stores, Goods or prices of the Goods.

23. We reserve the right to modify the Terms for Customers for any reason at any time, without notice to you. 

Delivery

24. The delivery times are estimates only and ReadeBook is not liable for late delivery or non-delivery.

25. ReadeBook will not be liable for any loss, damage or delay occasioned to the Customer or any third parties arising from late or non-delivery or late installation of the Goods.

26. ReadeBook may at its option deliver the Goods to the Customer in any number of instalments.

Payment

27. You will pay the amount nominated by the Store for the Goods you order (the Price).

28. Prices include rates provided by third parties providers, encompassing the cost of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, rate of water, cost of materials and other charges affecting the cost of production (Third Party Rates). The Buyer will be liable for any increase in the Third Party Rates.

29. All amounts are in Australian dollars, and all payments shall be in Australian currency.

30. All amounts are inclusive of Goods and Services Tax.

31. You are responsible for all applicable Taxes associated with your order. 

32. You must keep a valid payment method on file with us to pay for all amounts (“Authorised Payment Method”). 

33. If we are not able to process payment of Fees using an Authorised Payment Method, we will not process your order and may suspend and terminate your ReadeBook Account.

Security

34. You are responsible for keeping your password secure. 

35. ReadeBook cannot and will not be liable for any loss or damage from your failure to maintain the security of your ReadeBook Account and password.

36. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Limitation of Liability

37. You expressly understand and agree that your use of your ReadeBook Account, the ReadeBook platform, and the Goods is at your sole risk. To the extent permitted by applicable laws, ReadeBook shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from:

1. the use of or inability to use your ReadeBook Account and/or the ReadeBook platform;

2. the purchase or use of any Goods;

3. the failure or ReadeBook or any Supplier to supply the Goods, or meet any specified delivery deadline; or

4. breach of these Terms for Customers (however arising including negligence). 

38. ReadeBook does not warrant that the ReadeBook platform will be uninterrupted, timely, secure, or error-free.

39. ReadeBook shall not be liable to you or to any third party for any modification to any Store, price change for any Goods, or suspension or discontinuance of your ReadeBook Account or the ReadeBook platform.

40. ReadeBook does not warrant that the information displayed at any Stores will be accurate or reliable.

Guarantees

41. ReadeBook agrees to assign to the Customer the benefit of any warranty or entitlement to the Goods that the Supplier has granted to ReadeBook under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable.

42. The Customer accepts the guarantee of the Supplier of the Goods and acknowledges that this is the only guarantee given to the Customer for the Goods. 

43. Other than any guarantee provided under clause 42, the Goods are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

44. To the extent permitted by law, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. 

45. Where express and implied warranties, guarantees and conditions under statute or general law cannot be excluded, to the extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:

1. if the breach of an implied warranty or condition relates to services:

1. the supply of the services again; or

2. the payment of the cost of having the services supplied again; and

2. if the breach of an implied warranty or condition relates to goods:

1. the replacement of the goods or the supply of equivalent goods;

2. the repair of such goods; or

3. the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

46. ReadeBook is not liable for, and the Customer releases ReadeBook from, any claims in respect of faulty or defective design of any Goods supplied.  

47. ReadeBook is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the Goods or arising out of ReadeBook’ negligence or in any way. 

Returns

48. Except for any provisions to the contrary contained in this agreement, ReadeBook is not under any duty to accept Goods returned by the Customer. ReadeBook will do so only on terms to be agreed in writing in each individual case.

49. If ReadeBook agrees to accept returned Goods from the Customer, the Customer must return the Goods to the address of the Supplier nominated by ReadeBook, at the cost of the Customer. 

Termination

50. You may terminate your ReadeBook Account, and the Terms for Customers at any time by contacting ReadeBook Support and then following the specific instructions indicated to you in ReadeBook’s response.

51. Upon termination of the ReadeBook Account by either party for any reason you will no longer be able to access your ReadeBook Account or purchase any Goods from any Stores on the ReadeBook platform.

52. If at the date of termination, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

53. Termination of the Terms for Customers shall be without prejudice to any rights or obligations which arose prior to the date of termination.

Support

54. Technical support in respect of the ReadeBook platform and ReadeBook Account will be provided to the Customer.

55. Questions about the Terms for Customers should be sent to ReadeBook Support.

General

56. The failure of ReadeBook to exercise or enforce any right or provision of the Terms for Customers shall not constitute a waiver of such right or provision. 

57. If any provision of the Terms for Customers, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms for Customers shall remain in full force and effect.

58. The Terms for Customers, including the documents it incorporates by reference, constitute the entire agreement between you and ReadeBook and govern your use of the ReadeBook platform and your ReadeBook Account, superseding any prior agreements between you and ReadeBook (including, but not limited to, any prior versions of the Terms for Customers).

59. The Terms for Customers shall be governed by and interpreted in accordance with the laws of the South Australia, and subject to the jurisdiction of the courts of South Australia.

60. You acknowledge and agree that ReadeBook may amend these Terms for Customers at any time by posting the relevant amended and restated Terms for Customers on ReadeBook’s website and such amendments to the Terms for Customers are effective as of the date of posting. Your continued use of the ReadeBook platform and your ReadeBook Account after the amended Terms for Customers are posted to ReadeBook’s website constitutes your agreement to, and acceptance of, the amended Terms for Customers. If you do not agree to any changes to the Terms for Customers, do not continue to use the ReadeBook platform or your ReadeBook Account. 

61. You will comply with all applicable laws, rules and regulations in your use of the ReadeBook platform and your ReadeBook Account and your performance of obligations under the Terms for Customers.

62. All the terms and provisions of the Terms for Customers shall be binding upon and inure to the benefit of the parties to the Terms for Customers and to their respective heirs, successors, permitted assigns and legal representatives. ReadeBook shall be permitted to assign these Terms for Customers without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms for Customers, or any of your rights or obligations hereunder, to any third party without ReadeBook’s prior written consent, to be given or withheld in ReadeBook’s sole discretion.

63. If any provision, or portion of the provision, in these Terms for Customers is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms for Customers, and the Terms for Customers will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms for Customers.

I have read, agree with and accept these terms and conditions: