Terms and Conditions of Use
These Terms and Conditions constitute a binding agreement (“Agreement”) between you (“User”) and Box of Books Pty Ltd and its affiliated companies or subsidiaries (“Box of Books”).
The term User shall refer to the user who is browsing the site. The term Box of Books shall refer to Box of Books Pty Limited. The term Site refers to www.boxofbooks.com.au and its sub-domains which are owned by Box of Books Pty Limited.
By accessing, browsing and/or using this web site (“Site”), User acknowledges that he has read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If User doesn’t agree to these terms, do not use this Site. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may contain technical inaccuracies or typographical errors. Please read this Agreement carefully and be aware that Box of Books may, in its sole discretion and without notice, revise these terms at any time by updating this posting. It is User’s responsibility to regularly review this Agreement and to acquaint with any changes. Usage of this Site constitutes an irrevocable waiver of any claim that User did not read, understand, or agree to the terms of this Agreement.
Box of Books may terminate User’s access with five (5) business days notice in writing. The provisions regarding disclaimer of warranty, accuracy of information, and indemnification shall survive such termination. Box of Books may monitor access to the Site.
The Site, and all content, materials, information, software, products and services provided on the Site, are provided on an “as is” and “as available” basis. Box of Books expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Box of Books may change or discontinue any aspect of its website at any time, including, its content or features.
User agrees to indemnify, defend and hold Box of Books harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or relating to any misuse by the User of the content and services provided on the Site.
Box of Books makes no warranty that:
the Site will meet User’s requirements;
the Site will be available on an uninterrupted, timely, secure, or error-free basis;
the results that may be obtained from the use of the Site or any services offered through the Site will be accurate or reliable
Copyright in Materials: The copyright in all materials provided or posted on this Site is held by Box of Books or by the original creator of the material. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Box of Books. User may not “mirror” any material contained on this Site without Box of Books express written permission. Any unauthorised use of the materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of Box of Books or its licensors and is protected by applicable copyright laws. All rights not expressly granted are reserved. Use of this Site is conditioned upon User’s honouring these copyrights and other intellectual property rights reflected on the Site.
Passwords: Access to some or the entire Site may be password-restricted. The information supplied by User in connection with his registration is subject to Box of Books Privacy Statement, which is provided in this site. The User shall not share his password with anyone and shall take reasonable care to protect his password from unauthorised use and disclosure. User must promptly report to Box of Books any known, suspected, or anticipated unauthorised use of his password.
Trademarks: Unless otherwise stated, the trademarks, service marks and logos (the “Trademarks”), if any, used and displayed on this Site are registered and unregistered Trademarks of Box of Books. Other trademarks, service marks and trade names may be owned by others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Box of Books intellectual property displayed on this Site. Box of Books aggressively enforces its intellectual property rights to the fullest extent of the law. The name Box of Books or any other Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Box of Books. Box of Books also prohibits use of its name or any other Trademark as part of a link to or from any site unless establishment of such a link is approved in advance by Box of Books in writing.
User retains intellectual property rights to their own work created within and/or uploaded to the service.
Box of Books does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on any message board, or otherwise distributed through this Site by any user of this Site, information provider or any other third party. Box of Books expressly disclaims any and all liability related to Submissions, and user acknowledges that any reliance upon such Submissions shall be at User’s sole risk. User covenants that User shall not post or otherwise publish on the Site any materials that: (i) are threatening, libellous, defamatory, or obscene; (ii) would constitute, or that encourage conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate law; (iii) infringe the intellectual property, privacy, or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. Box of Books in its sole discretion reserves the right to refuse to post and the right to remove any information or Submission from this Site, in whole or in part, for any reason.
Box of Books rights and disclaimers: The ideas and information that are posted on this Site do not necessarily reflect Box of Books views. Box of Books reserves the right, which it may or may not exercise, to review, edit, or delete any material that it deems to be inappropriate or in violation of this Agreement. Box of Books has the absolute right, in its sole discretion, to deny or to withdraw access to anyone who violates this Agreement. Box of Books access and use decisions are final and not reviewable. Notwithstanding the above, Box of Books expressly disclaims any responsibility or liability for any material communicated by third parties through the Site or for any loss or damage allegedly resulting from use of the Site or from denial or withdrawal of Site access. There may be delays, omissions or inaccuracies in information obtained through User’s use of this Site. This information is provided to User with the understanding that it does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. Information on this Site should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors. Moreover, Box of Books does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through this Site by Box of Books, any user, information provider or any other person or entities User acknowledges that any reliance upon such opinion, advice, statement, memorandum, or information shall be at User’s sole option and risk. In addition, User may not use this Site in any manner to suggest or imply that Box of Books promotes or endorses User’s or any third party’s causes, ideas, political campaigns, political views, web sites, products or services.
Hyperlinking: User may be able to obtain access to other Internet sites through hypertext links appearing on this Site. Box of Books makes no representations whatsoever about any other web site which User may access through this one. When User accesses a web site not owned by Box of Books, please understand that it is independent from Box of Books, and that Box of Books has no control over the content on that web site, even if provides information or services to the owner of that web site. In addition, a link to Box of Books website does not mean that Box of Books endorses or accepts any responsibility for the content or the use of such web site. In fact, Box of Books disclaims any and all liability and responsibility for such content. It is up to User to take precautions to ensure that whatever user selects for his use is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.
Disclaimer and Warranties: THE SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BOX OF BOOKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MORE SPECIFICALLY, BUT WITHOUT LIMITATION, BOX OF BOOKS DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS WILL BE CORRECTED; OR (4) THIS SITE OR THE SERVER BY WHICH YOU GAIN ACCESS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USER HEREBY ACKNOWLEDGES THAT USE OF THE SITE IS AT HIS SOLE RISK.
Limitation of liability: UNDER NO CIRCUMSTANCES SHALL BOX OF BOOKS OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM USER’S USE OF THIS SITE, EVEN IF BOX OF BOOKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
Infringement Notices and Take Down: Box of Books prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If User believes that any material contained on this Site infringes User’s copyright, User should notify Box of Books of his copyright infringement claim by contacting [email protected].