TERMS OF WEBSITE USE
Welcome to the Mulboo website terms & conditions.
By using or accessing this website you acknowledge that you have read, understood and agreed to be bound by the terms & conditions set out in our FAQ sub categories.
All the sub categories outline the shopping process, delivery terms, our returns & exchanges policy as well as other information that will assist with shopping on-line.
The owner and operator of this website is Mulboo, PO Box 3283, NORMAN PARK QLD 4170
1. All Prices are in Australian Dollars.
2. Where an item is shipped from Australia its price (including any applicable delivery and order charge) is inclusive of Australian GST (Goods and Services Tax).
3. Please ensure the delivery address and receiver’s name for your order is accurate and complete (including any business name if shipping to a work address) as we are unable to change any details once the order has been placed. Mulboo will not take responsibility for any orders that go missing due to incorrect delivery information provided by you.
4. You must notify us within 6 weeks of dispatch date as recorded in your account if you have not received an item. After this time no refund will be issued for any missing orders.
5. The information contained in this website may contain technical inaccuracies, typographical or bibliographical errors. All liability of Mulboo howsoever arising for inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
6. Mulboo is the copyright owner of the content of this website or is permitted by the copyright owner to use the content on the website. Brand names, images and other product information used in this website may be the trade mark or intellectual property of a registered holder. No permission is given in respect of use of any of the above, and such use may constitute an infringement of the holders’ rights.
7. Except as permitted by the Copyright Act 1968 (Cth) (as amended) no part of this website may be reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the express written permission of Mulboo.
8. Nothing contained in the website should be construed as granting any licence or right of use of any trade mark or part of any trade mark displayed on this website without the express written permission of Mulboo or third party owner.
9. Offers and vouchers are only valid for redemption on this website and cannot be used to purchase gift cards.
Mulboo is an online service that allows users to browse, read and purchase items from content providers through multiple electronic interfaces including the mulboo.com.au website, mobile applications, web applications or “widgets”, and other applications (the Service).
(a) to immediately cancel or terminate your access to the Service or any part of it and/or your user account, if any;
(b) in Mulboo’s sole discretion and without prior notice or liability, to discontinue, modify or alter any aspect of the Service including, but not limited to: (i) restricting the time the Service is available; (ii) restricting the amount of use permitted; and (iii) restricting or terminating any user’s right to use the Service. You agree that any termination or cancellation of your access to, or use of, the Service may be effected without prior notice to you; and
© to immediately deactivate or delete your user account, if any, and (to the extent permitted by law) delete all related information and/or files in your user account and/or bar any further access to such information and/or files and/or the Service (or part thereof).
D. You further agree that Mulboo will not be liable to you or any third-party for terminating or cancelling your access to, or use of, the Service, and your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Service, or any policies or practices by Mulboo in providing the Service, including without limitation any change in content, is to cease using the Service and cancel or terminate your subscription or Registered User account, as applicable.
2. Registered Users.
The Service is open to the public but certain portions, components, content and features of the Service (including purchases or access to eBooks) are only available to individuals who register with Mulboo and create a user account on the Service (each, a Registered User). If you are a Registered User then you agree to the following:
A. in consideration of your use of the Service, you represent that you are of the age of majority in the jurisdiction in which you reside, or 13 years old or older up to the age of majority in the jurisdiction in which you reside with the express written consent of your parent or legal guardian, and are not a person barred from receiving services under the laws of Australia or other applicable jurisdiction. You also agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Service, including your geographical location and billing address (the “Registration Data”); and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Mulboo has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof);
B. Registered Users will receive a password and account designation upon completing the Service registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to:
(a) immediately notify Mulboo of any unauthorised use of your password or account or any other breach of security; and
(b) ensure that you properly log out of your account at the end of each session.
3. Restrictions on Use.
These terms apply to all users of the Service, whether or not you are a Registered User.
A. You shall use the Service for lawful purposes only. You shall not post or transmit through the Service any material that violates or infringes in any way upon the rights of others; or that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; or which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. Without Mulboo’s express prior approval, you shall not post or transmit through the Service any material that contains advertising or any solicitation with respect to products or services.
You must not use the Service to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services. Any conduct by you that in Mulboo’s discretion restricts or inhibits any other user from using or enjoying the Service will not be permitted.
B. All content on the Service, including but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (Site Content), save and except for any literary works, are the proprietary property of Mulboo or its licensors with all rights reserved.
(a) No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Mulboo’s prior written permission.
© You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited.
C. You must not upload, post or otherwise make available on the Service any material protected by copyright, trade mark or other proprietary right without the express permission of the owner of the copyright, trade mark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
By submitting material to any public area of the Service, you automatically grant, or warrant that the owner of such material has expressly granted, Mulboo the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Service to access, view, adapt or reproduce the material for that user’s personal use. You grant Mulboo the right to edit, copy, display, publish and distribute any material made available on the Service by you. The foregoing does not apply to literary works provided to Mulboo for sale on the Service by a publisher or other content provider.
D. You may not obscure or misrepresent your geographical location, forge headers, use proxies, use IP spoofing or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
E. You are prohibited from violating or attempting to violate the security of the Service, including, without limitation:
(a) accessing data not intended for you, including logging into a server or account which you not authorised to access;
(b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorisation;
© using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Site Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website;
(d) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Mulboo’s systems or networks, or any systems or networks connected to the Service or to Mulboo;
(e) conducting a reverse look-up, tracing or seeking to trace any information on any other user, Registered User or visitor to the Service, or any other customer of Mulboo, to its source, or exploiting the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service;
(f) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of “denial of service” attacks, overloading, “flooding”, “mailbombing” or “crashing”;
(g) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(h) disrupting network nodes or network services or otherwise restricting, inhibiting, disrupting or impeding Mulboo’s ability to monitor or make available the Service; or
(i) taking any action in order to obtain services to which you are not entitled.
Violations of system or network security may result in civil or criminal liability. Mulboo will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user (whether or not a Registered User) who is involved in such violations.
4. Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER MULBOO,ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTYAS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.
C. SUBJECT TO PARAGRAPH D BELOW, IN NO EVENT WILL MULBOO,OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE TO YOU, WHETHER IN CONTRACT, INTORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY(INCLUDING STRICT LIABILITY), FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOOD WILL, LOSS OF REVENUE, LOSS OF CUSTOMERS, LOSS OF CAPITAL, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS,THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES OR ANY OTHER DAMAGES,INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,CONSEQUENTIAL OR SIMILAR DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE WEBSITE.
E. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BYANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION,DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO,ALTERATION OF, OR USE OF THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT,TORTIOUS BEHAVIOUR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANYOTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MULBOO IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERSOR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELYWITH YOU.
You agree to defend, indemnify and hold harmless Mulboo and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of your use of the Service.
7. Trade marks.
8. Third Party Content.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including content providers and users, are those of the respective author(s) or distributor(s) and not of Mulboo. In many instances, the content available through the Service represents the opinions and judgments of the respective content provider or user. Mulboo neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Service by anyone other than authorised Mulboo employee spokespersons while acting in their official capacities.