WEBSITE TERMS OF USE (“TERMS”)

By accessing, using or browsing on this website, or by continuing to do so, you expressly accept and agree to be bound by these Terms.  In accepting these Terms, you agree that these Terms will apply whenever you access or use this website. 

Ikoyenia Children’s Books ABN 77 329 388 442 (“we”, “us”, “our” or “Ikoyenia”) may amend these Terms from time to time.  Your use of the website after we make amendments to these Terms will oblige you to comply with these Terms as amended. If any of these Terms are considered to be unenforceable, you agree that the remainder of these Terms remain in full force and effect.

 

Terms of Product Purchase

1.     Payment Terms

1.1.   You must pay for any products at the time you place an order for the products on this website. After you place an order, you will receive an email confirmation from us. 

1.2.  Prices are in Australian dollars unless otherwise indicated.

1.3.  Risk in the product passes to you upon delivery to your nominated delivery address, and title passes once the products have been paid for in full by you. 

1.4.  Unless otherwise stated, products prices do not include delivery fees. Delivery fees will be set out on our website before you submit any order including delivery terms, delivery areas, costs and estimated delivery times. For the avoidance of doubt, orders will not be processed for delivery to an address in a suburb not in our delivery area. 

1.5.  Delivery fees will be calculated based on the location of the delivery and delivery method (i.e., standard or express shipping) and shown on our website prior to you submitting you order. 

1.6.  All online transactions performed on this website are facilitated by third party payment platforms. If you choose to pay via credit or debit card, you represent that there are sufficient funds available to cover the cost of your order. 

1.7.   By purchasing products on this website, you agree to the terms and conditions of your selected payment provider (i.e., Visa, MasterCard, American Express, PayPal). For more information on their terms and conditions, please visit their websites.

1.8.   We may vary the products or the prices for products on this website at any time, and prices are subject to change until you have paid for the products in full. 

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2.     Order Details

2.1.   We reserve the right to accept or cancel an order for any reason including the unavailability of the product or an error in the description of the product on our website. 

2.2.   Orders are deemed to be received by us at the time of successful transmission of the order, after which time, you are unable to cancel your order. 

2.3.   You are responsible for inputting the correct shipping details for you order. 

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3.     Cancellation of Orders

3.1.   We may, at any time, cancel your order if for any reason we are unable to provide you with the products that you have ordered. 

3.2.  We will not be liable for any loss arising from your order being unavailable. 

3.3.  We will use our best endeavours to ensure that products are available or notify you that they are unavailable prior to completing your order. 

3.4.  If the product you have ordered is unavailable, we will refund all amounts that you paid in respect of such products. 

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4.       Return Policy

4.1.     You are entitled to a repair, replacement, or refund from us if your purchase fails to meet one of the consumer guarantees under the Australian Consumer Law (ACL). 

4.2.    This includes where the product:

4.2.1.   is faulty or of unacceptable quality;

4.2.2.  does not match the description or sample;

4.2.3.  is unfit for the intended purpose; or

4.2.4.  is not delivered in a reasonable time frame.

4.3.     You must be able to demonstrate proof of purchase to exercise your rights under the ACL.

4.4.     This policy does not affect any rights you may have at law.

 

Ikoyenia Website Terms

1.     Intellectual property

1.1   All intellectual property in this website, including copyright, any trade marks and any other intellectual property rights in or associated with this website is owned or licensed to us, or we otherwise have permission to use that intellectual property. 

1.2   You must not do or allow any third party to do anything which may infringe, damage or endanger our intellectual property rights or the intellectual property rights of a third party in respect of the website.

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2.     Privacy

2.1    Ikoyenia only collects, holds and uses personal information for the purposes for which it was provided to us, related purposes or as permitted or required by law.

2.2   We collect personal information for the purpose of providing our goods to you.

2.3   We may also collect personal information for related purposes such as providing and marketing our services to you and managing our relationship with you. However, we will only do so with your consent. 

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3.     Security

3.1    We take all reasonable steps to ensure the security of our systems. However, we will not be held responsible for any loss that may arise from unauthorised access to your personal information subject to any negligence or breach of law on our behalf.

3.2   Our website may contain links to other websites.  We are not responsible for the privacy practices or the content of such websites outside of our domain.  We accept no responsibility for and you release us from any liability that may arise from your use of a third party website. 

3.3   We exercise all due care to ensure that your information is secure on our system.  However, the possibility exists that the information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on cloud based servers.  You release us from any liability that may arise if any other persons obtain the information you submit to the website, subject to any negligence or breach of law on our behalf.

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4.     No representations and warranties

4.1    To the maximum extent permitted by law, we do not provide any representations or warranties relating to this website, its content or its availability.

4.2   We will not be responsible in any way for the availability of the website subject to any negligence, breach of law or circumstances within our reasonable control.  We will use commercially reasonable endeavours (taking into account our internal standards, written or otherwise) to maintain the performance of this website where this is within our direct control. 

4.3   We cannot and do not warrant that the website will operate error-free or that the website and its server are free from computer viruses or otherharmful mechanisms. 

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5.     Risks and release from liability

To the maximum extent permitted by law and subject to any negligence or breach of law on our behalf:

5.1    we accept no liability for any loss or damage howsoever arising (including any indirect or consequential loss) to any person or corporation who may rely on the information contained on this website for any purpose or as a result of the use of or access to this website; and

5.2   you release us from all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute which you or anyone claiming through you may have, or might at any time have or have had against us in respect of, arising out of or resulting from access, attempted access or use of the website.

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6.     Third party data

We are not responsible for the content of any data on or accessed through the website that is not originated by us.  We exercise no direct supervision or control over the content of such data.  We do not assume any responsibility for data not actually provided or expressly authorised by us.  The responsibility for data that does not conform to these Terms and all possible consequences lie with the provider or sender of the data. 

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7.     Acceptable uses

You must use the website responsibly and within the law.  It is your responsibility to:

7.1    use the website in a manner which does not violate any applicable laws or regulations;

7.2   respect the legal protection afforded by copyright, trade mark, license rights and other laws to data accessible via the website;

7.3   respect the privacy of others;

7.4   use the website in a manner which does not interfere with or disrupt other users of the website, services or equipment; 

7.5   refrain from acts that waste resources or prevent other users from receiving the full benefit of the website; and

7.6   use the website lawfully, ethically and in accordance with accepted community standards.

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8.     Our rights

8.1    You will indemnify us against all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute that we suffer or incur as a result of any breach of these Terms by you.

8.2   Without limiting any of our other rights, if you breach any term of these Terms, we will have the right to:

8.2.1  confiscate or destroy or require you to return or destroy, at your cost, all material that you have obtained from the website;

8.2.2  require you to delete or otherwise permanently remove from any electronic device, information you have obtained from the website, using any means reasonably necessary;

8.2.3  suspend or terminate your access to the website; and

8.2.4  take any other action against you.

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9.     Limitations

9.1    Whilst we will make all commercially reasonable efforts to post a prior warning on the website, we may from time to time suspend, disconnect or deny access to the website, without notice to you during any technical failure, modification or maintenance affecting the website, provided that we will use commercially reasonable endeavours (taking into account our internal standards, written or otherwise adopted) to procure the resumption of the website as soon as reasonably practicable.

9.2   Without notice to you, we may remove, amend or alter any material or data in the website upon being made aware of any claim or allegation or risk of a claim or allegation that any such material or data is unlawful, defamatory, offensive or in breach of a third party’s rights.  

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5.     Account Users

5.1.   Certain sections of this website may only be available to customers who have an account with us.

5.2.   By registering an account with us, you consent to the collection and use of your information for the purposes of delivering our goods.

5.3.   By registering with us, you also consent to receive communications from us. You may opt-out of electronic communications at any time by contacting us or changing your communications settings in your account. 

5.4.   We retain the right to accept or refuse registration at our discretion.

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6.     General

6.1.   These Terms constitute the entire agreement between you and us in relation to your access and use of the website. 

6.2.   No right under these Terms will be deemed to be waived except by notice in writing signed by the relevant party. 

6.3.   If any provision of these Terms is held to be invalid, unenforceable or illegal for any reason, these Terms will remain otherwise in full force apart from such provisions which will be deemed to be deleted. 

6.4.   These Terms are governed by and construed in accordance with the laws of South Australia. You irrevocably consent to the non-exclusive jurisdiction of the courts of South Australia for the purpose of any legal action or other dispute resolution arising out of or related to the use of the website or these Terms. 

 

7.     Contact Us

Any questions, complaints or claims regarding these Terms or the website should be emailed to us at ikoyenia@outlook.com.au