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

Use of this web­site is sub­ject to these Terms of Use.

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.

10. These Terms of Use are gov­erned by the laws in force in the State of QLD and you irre­voc­ably and uncon­di­tion­ally sub­mit to the non-exclusive jur­is­dic­tion of the courts of the State of QLD and any courts which may hear appeals from those courts.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.

1. General.

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. By regis­ter­ing, access­ing or using the Service you sig­nify that you have read, under­stand and agree to be bound by these terms of use (Terms of Use), whether or not you are a Registered User of the Service. You are only author­ised to use the Service (regard­less of whether your access or use is inten­ded) if you agree to abide by all applic­able laws and com­ply with these Terms of Use.

B. Mulboo reserves the right, at its sole dis­cre­tion, to change, modify, add, or delete por­tions of these Terms of Use at any time by post­ing the changes to these terms and con­di­tions on the Service at this Website. Your con­tin­ued use of the Service after any such changes are pos­ted con­sti­tutes your accept­ance of the revised terms and con­di­tions. You are hereby advised that you are entirely respons­ible for keep­ing your­self updated on the changes and to re-read these terms and con­di­tions each time you use the website.

C. If you do not com­ply with these Terms of Use at any time, you expressly agree that Mulboo shall have the right:

(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.

C. Any per­sonal inform­a­tion you provide in the regis­tra­tion form will be col­lec­ted in accord­ance with, and for the express pur­poses set out in, the Mulboo Privacy Policy.

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.

(b) Provided that you are eli­gible for use of the Service and sub­ject to these Terms of Use, you are gran­ted a lim­ited licence to access the Service and the Site Content and to down­load or print a copy of any por­tion of the Site Content to which you have prop­erly gained access solely for your per­sonal, non-commercial use, provided that you keep all copy­right and other pro­pri­et­ary notices intact.

© 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.

The fore­go­ing licence is sub­ject to these Terms of Use and does not include use of any data min­ing, robots or sim­ilar data gath­er­ing or extrac­tion meth­ods. Any use of the Service or the Site Content other than as spe­cific­ally author­ised herein, without the prior writ­ten per­mis­sion of Mulboo, is strictly pro­hib­ited and will ter­min­ate the licence gran­ted herein. Such unau­thor­ised use may also viol­ate applic­able laws includ­ing without lim­it­a­tion copy­right and trade mark laws and applic­able com­mu­nic­a­tions reg­u­la­tions and statutes.

Unless expli­citly stated herein, noth­ing in these Terms of Use shall be con­strued as con­fer­ring any licence to intel­lec­tual prop­erty rights, whether by estop­pel, implic­a­tion or oth­er­wise. This licence is revoc­able by Mulboo at any time without notice and with or without cause.

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.

B. TO THE EXTENT PERMITTED BY LAW: (1) ALL CONDITIONS, WARRANTIES,GUARANTEES, RIGHTS, REMEDIES, LIABILITIES AND OTHER TERMS IMPLIED BY STATUTE,CUSTOM OR THE COMMON LAW ARE EXCLUDED FROM THESE TERMS OF USE; AND (2) THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF 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.

D. IF A SUPPLY UNDER THESE TERMS OF USE IS A SUPPLY OF GOODS OR SERVICES TO ACONSUMER WITHIN THE MEANING OF THE AUSTRALIAN CONSUMER LAW SET OUT INSCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH) AS AMENDED ORREPLACED FROM TIME TO TIME (“AUSTRALIAN CONSUMER LAW”), NOTHING CONTAINEDIN THESE TERMS OF USE EXCLUDES, RESTRICTS OR MODIFIES THE APPLICATION OF ANYPROVISION, THE EXERCISE OF ANY RIGHT OR REMEDY, OR THE IMPOSITION OF ANYLIABILITY UNDER THE AUSTRALIAN CONSUMER LAW, PROVIDED THAT, TO THE EXTENTTHAT THE AUSTRALIAN CONSUMER LAW PERMITS MULBOO TO LIMIT ITS LIABILITY, THEN MULBOO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWNNEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) SHALLBE LIMITED TO: (I) IN THE CASE OF SERVICES, THE COST OF SUPPLYING THE SERVICESAGAIN OR PAYMENT FO THE COST OF HAVING THE SERVICES SUPPLIED AGAIN; AND (II) INTHE CASE OF GOODS, THE COST OF REPLACING THE GOODS, SUPPLYING EQUIVALENTGOODS OR HAVING THE GOODS REPAIRED, OR PAYMENT OF THE COST OF REPLACING THEGOODS, SUPPLYING EQUIVALENT GOODS OR HAVING THE GOODS REPAIRED.

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.

5. Monitoring.

Mulboo shall have the right, but not the oblig­a­tion, to mon­itor the con­tent of the Service includ­ing any chat rooms and for­ums, to determ­ine com­pli­ance with these Terms of Use and any oper­at­ing rules estab­lished by Mulboo and to sat­isfy any law, reg­u­la­tion or author­ised gov­ern­ment request. Mulboo shall have the right in its sole dis­cre­tion to edit, refuse to post or remove any mater­ial sub­mit­ted to or pos­ted on the Service that Mulboo determ­ines to be objec­tion­able. Although Mulboo reserves the right to remove, without notice, any post­ing for any reason, Mulboo has no oblig­a­tion to delete sub­mis­sions that you may find objec­tion­able or offensive.

6. Indemnification.

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.

Mulboo, mulboo.com.au and related words, domain names, logos and trade marks are the prop­erty of Mulboo or its licensors. You must not use these domain names, logos and trade marks except as expressly per­mit­ted by these Terms of Use.

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.