This website (Website) is owned and operated by Box of Books Pty Ltd (ACN 628 520 552) (Box of Books).
By using or accessing this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Website.
Relationship between these Terms of Use and the Website Terms of Purchase
When you purchase goods on this Website, the Website Terms of Purchase which can be found Terms & Conditions | Box Of Books Help Center apply in addition to these Terms of Use. To the extent both sets of terms apply, they should be read together.
Governing law
Box of Books controls and operates the Website from its offices within Australia. These Terms of Use are governed by the laws of the State of Victoria. You and Box of Books agree to submit to the non-exclusive jurisdiction of the courts of Victoria. If you choose to access this Website from another location, you are responsible for compliance with applicable local laws. Box of Books makes no representation that the Website is appropriate or available for use in all locations.
Grant of licence
Box of Books grants you a limited, non-exclusive licence to view the material on this Website, access materials contained on the Website and use the functionality of the Website in accordance with the Website Terms of Use published on the Website at the time you access the Website.
Box of Books may revise its product prices at any time in its absolute discretion, however, this will not affect the price for products which have already been ordered by you and accepted in accordance with the Website Terms and Conditions of Purchase.
Site contents, ownership, and use restrictions
The material on this Website is protected by all applicable laws including copyright and trade mark laws under the laws of Australia and other countries through international treaties.
Unless otherwise indicated and except for information directly from, or links to, third party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support the Website including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by Box of Books and/or its related companies, affiliates, licensors and licensees.
All right, title and interest in all intellectual property rights in all of Box of Books' brands, logos, images, buttons, codes, layout, text, content and products and services as displayed on the Website (the 'Brand Features') are the property of Box of Books and will remain or be vested in Box of Books at all times. Your use of the Website will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Brand Features or the Website. Box of Books, on a case by case basis and to the extent required, grants to you a limited, non-exclusive licence to use the Brand Features solely for the purpose, and to the extent necessary, to enable you to use the Website.
Information from and Advertising and Links to Third Party Websites
The Website may contain hyperlinks and other pointers to internet websites operated by third parties. Such websites are not under the control of Box of Books and Box of Books is not responsible for the contents of any such website. Box of Books provides such hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Box of Books. You rely on such websites or information contained on them entirely at your own risk.
You are referred to the relevant third party websites for all information regarding the third parties' products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website. To the extent that such websites collect personal information or contributions from you, Box of Books shall bear no responsibility or liability for the manner in which such information is used or exploited. You are referred to the relevant third party's privacy policy for information on how personal information is collected, used and disclosed by that third party.
The Website may also utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platform's prevailing terms and conditions of use. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with any social media links, applications or features on the Website. The Website is in no way sponsored, endorsed or administered by, or associated with, any social media platform.
Prohibited conduct
You are not authorised, without the prior written permission of Box of Books to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from the Website.
No Box of Books trademark (whether registered or otherwise) that is contained on this site or otherwise may be used without Box of Books' prior, specific, written permission.
You must not upload, post, transmit or otherwise make available through this site any material which:
violates or infringes the rights of others (including their privacy and intellectual property rights);
is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibits any other user from using the site;
affects the functionality or operation of the site or its servers or the functionality or operation of any user's computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly);
breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require Box of Books to take remedial action under any applicable industry code; or
solicits passwords or personal information for commercial or unlawful purposes or provides any telephone numbers, street addresses, last names, URLs or email addresses.
Box of Books can use your feedback
You grant Box of Books an irrevocable, non-exclusive licence to use any feedback and ideas that you transmit to the Website from the time you authorise it to be sent.
Indemnity
You agree to indemnify and will keep Box of Books (and its related bodies corporate, personnel, servants and agents) indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Box of Books (or its related bodies corporate, personnel, servants and agents) in connection with your use of the Website, your breach of these Terms of Use or your breach of any rights of third parties, except to the extent caused or contributed to by Box of Books or its related bodies corporate, personnel, servants and agents.
General
Any costs associated with downloading, installing, accessing and using the Website remain your responsibility and are dependent on the service provider used. Subject to any rights you may have under the Australian Consumer Law, you also understand that we cannot and do not guarantee or warrant that the Website or any material available for download via the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks to satisfy your particular requirements.
Disclaimer of warranty
Box of Books is providing the Website on an 'as is' and 'as available' basis and use of it is at your own risk. Subject to any non-excludable rights you may have under the Australian Consumer Law, Box of Books and its related companies, affiliates, licensors and licensees, and their respective directors, officers, employees and agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Website (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way for errors in, or omissions from, the information contained on the Website. To the extent permitted by law, Box of Books expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of acceptability, merchantability or fitness for purpose in relation to your use of this Website.
Website Terms and Conditions of Purchase
These Website Terms and Conditions of Purchase apply to goods and services which are purchased through the Box of Books website available through the following link: https://shop.boxofbooks.io (Website).
Supplier
Goods and services purchased through the Website are supplied by the supplier, comprising Officeworks Ltd (ACN 004 763 526) and Box of Books Pty Ltd (ACN 628 520 552) (Supplier). In these Website Terms and Conditions of Purchase, "we" and "us" (and grammatical derivations of those terms) means the Supplier.
By purchasing goods through the Website you acknowledge and agree that:
some of the obligations under these Website Terms and Conditions of Purchase are being carried out by a named entity that comprises the Supplier, namely Officeworks Ltd (ACN 004 763 526) and Box of Books Pty Ltd (ACN 628 520 552) (each a Supplier Entity);
the obligations to be carried out by the 'Supplier' under these Website Terms and Conditions of Purchase may be performed by one or both Supplier Entities (as determined by them having regard to the nature of the obligations and the function and role that each of them perform in connection with these Website Terms and Conditions of Purchase); and
the Supplier may allocate or reallocate responsibilities between the Supplier Entities at their discretion, provided that the overall performance of the Supplier's obligations under these Website Terms and Conditions of Purchase is not materially affected.
Ordering and payment
You may make purchases via the Website by selecting and placing your order in accordance with these Terms and Conditions of Purchase and as directed on the Website. Any order placed by you in the manner described in the Website is an offer by you to purchase a particular good or service for the price (including the delivery and other charges) specified on the Website at the time you place your order.
You acknowledge that, by placing your order, you agree to these Terms and Conditions of Purchase and any specific terms or limitations specified on the product page of the Website for any goods or services included in your order.
We may change the prices published on the Website at any time. You agree to pay the price current at the time you submit your order. All prices are inclusive of GST.
You warrant that all details you provide to us when placing an order are current, correct and complete, that you are an authorised user of the Paypal account or credit or debit card used to place your order and that your nominated Paypal account or credit or debit card will cover the full cost of the purchase. Upon receiving your order, we will carry out a standard pre-authorisation check of your payment method (if applicable) to verify the details submitted and to ensure there are sufficient funds to fulfil the transaction. Purchases will not be dispatched until this pre-authorisation check has been completed. If we are unable to successfully process your Paypal account or debit or credit card payment for your order, we may notify you of dishonour and cancel your order.
We reserve the right to reject your order for goods or services purchased through the Website for any reason, including but not limited to if the goods or services are not available, if there is an error in the description or price of the requested goods or services as advertised on the Website or if there is an error in your order. If we reject your order, we will notify you by email of our rejection at the time you place the order or within a reasonable time thereafter and give you the option of reconfirming your order, changing your order or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. If your order is cancelled and you have already paid for your purchase, you will receive a full refund.
Goods and services
To place an order on the Website, customers must be aged 18 or older. Availability of goods and services are subject to change without notice.
Where you acquire digital goods from the Website, we will provide you with access to the e-reader platform (which can be accessed via https://www.boxofbooks.com.au/me/) (Platform) from which you can access those digital goods. In accessing the digital goods on the Platform, you must agree to the relevant end user terms which can be found here: Terms & Conditions | Box Of Books Help Center.
By purchasing digital goods, you acknowledge and agree that you are purchasing the right to access such goods through the Platform for the relevant licence period. Title to the digital goods does not pass to you and remains vested in us (or the relevant licensor) at all times.
You must not pay, or attempt to pay, for purchases through any fraudulent or unlawful means.
Delivery
We will use all commercially reasonable efforts to deliver your order by any agreed delivery date or within any delivery window represented by us (or, if no date or time has been agreed or represented, within a reasonable time). However, our failure to deliver or delay in delivering your order does not entitle either party to treat these Terms and Conditions of Purchase as repudiated, and subject to any non-excludable rights you may have under the Australian Consumer Law, we are not liable for any failure to deliver your order promptly or at all, other than to refund the price paid by you for orders that are not delivered at all.
Faulty goods
Mandatory wording
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Returns for faulty goods
If you believe you have purchased faulty goods, you must provide proof of purchase to receive a refund, replacement goods or repair. Proof of purchase may be your original register receipt, credit card statement or any other form of evidence. Please contact us in relation to any faulty goods so that we can assist you with replacing or processing a refund for your faulty goods.
We may have the faulty goods assessed by a third-party certified repair agent to determine the nature and cause of the fault. We reserve the right to decline an exchange, refund or repair where any faulty goods are caused by misuse or neglect.
Change of mind returns
We will accept returns and provide a refund where required under the Australian Consumer Law. This includes any items that are deemed faulty by the manufacturer. See clause 4 for the terms applicable to returns for faulty goods.
You may request a change of mind return by contacting us using the details set out on our Website. Goods may be returned for change of mind provided that:
you initiate the return within 30 days of:
the date of purchase, in the case of digital goods; or
the date of delivery, in the case of physical goods;
the goods have not been customised to specifications provided by you or your child's school;
the goods are not a Special Purchase (as defined below);
you produce satisfactory proof of purchase; and
the goods are in re-saleable condition, including in their original packaging (if any), are unused and otherwise are as sold.
For the purposes of this clause 6, Special Purchase means goods that are specially ordered at your request or at the request of your child's school, where the goods are not typically sold by us to our customer schools and therefore would be difficult or impossible for us to resell.
If you initiate a return and the goods meet the criteria above we will provide you with a return authorisation which you must include when you return the goods to us. Goods must be returned at your cost to the following address:
Box of Books
7/38 Waratah Street, Kirrawee, NSW 2232
Title and risk
Title to the goods purchased from the Website does not pass from the Supplier to you until we have received payment in full for the goods. All risk in the goods passes to you upon delivery to your address.
Limitation of liability
For goods or services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and to the extent permitted by law, our liability to you is limited, at our option, to:
in the case of goods, the repair or replacement of the goods or the re-supply of equivalent goods (or paying the cost of any of these); or
in the case of any services supplied by us, to supplying the services again (or paying the cost of having the services supplied again).
This agreement is not intended to exclude, restrict or modify any right which you have at law which may not be excluded, restricted or modified by agreement, including any non-excludable rights or remedies under the Australia Consumer Law.
Privacy
All personal information collected, used, held and disclosed under this agreement will be dealt with in accordance with the following privacy policy: https://www.officeworks.com.au/information/policies/privacy-policy.
Creating an Account
You do not need to register a user account to access and browse the Website. However, in order to purchase goods on the Website, you must register an account in the manner set out on the Website (each an 'Account'). We reserve the right to refuse or cancel registration of an Account for any reason in its sole discretion. Any decision by us is final and no correspondence will be entered into.
All information provided when registering an Account must be current, correct and complete. Incomplete, ineligible or incomprehensible Account registrations will not be valid. You must be logged in to your Account in the manner required each time you wish to make a purchase via the Website or otherwise where indicated. You may never use another person's Account without their permission.
You are responsible for maintaining the strict confidentiality of your Account details and for any activity under your Account. You agree to immediately notify us of any unauthorised use of your Account or any other breach of security. It is your sole responsibility to control access to and use of your Account and to notify us when you desire to cancel your Account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
The use of any automated software or any other mechanical or electronic means allowing users to create Accounts is prohibited.