Terms & Conditions

 

Terms and Conditions

Effective 01/06/2018

 

 “Building Ideology T/As BookTribe” ABN: 44610961914

Building Ideology T/As BookTribe (“BookTribe”, “we”, “our”, or “us”) operate the www.booktribe.com.au website (the “Site”) and subscription service (the “Service”). By subscribing to BookTribe, you (or the “subscriber”) are agreeing to all BookTribe Terms and Conditions, policies and notices including any future amendments (‘Terms and Conditions’) as set out below. These Terms and Conditions apply to all users of the Site, including without limitation users who are browsers, vendors, customers, sellers, and/ or contributors of content.

Any new features or tools which are added to the current Site shall also be subject to the Terms and Conditions and you can review the most current version of the Terms and conditions at any time on this page.

1.ELIGIBILITY. To use the Site and upon signing up to the Service, you warrant that you are of legal age (at least eighteen (18) years old, or if you have parental consent, 13 years of age) and competence. By using the Site on behalf of a third party, you are representing to us that you are an authorised representative of that third party and that your use of the Site constitutes that third party’s acceptance of these terms.

2.As a condition of use of the Service, you agree to the following: (i) Your use of this Service must, at all times, be in compliance with these Terms and must only be for your own, non-commercial, personal use. You are responsible for all your personal communications, including but not limited to the transmission, uploading or posting of information onto or through this Site by you or through your login, and you shall be responsible for the consequences of any such communications to any sites. You are responsible for maintaining the confidentiality of your login details and you accept responsibility for all activities that occur under your login. You must notify us immediately in the event of any unauthorised use or misuse of your account or where there is any other breach of security. (ii) You will not upload, post, email, transmit, or otherwise make available any content that is in violation of copyright law, trademark law, or any other law protecting intellectual property in any jurisdiction, or that violates an individual’s right to publicity or privacy. (iii) You will not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable content. (iv) You will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation. (v) You will not attempt to interfere with Book Tribe’s, or the Service’s, network security, or transmit worms or viruses or any code of a destructive nature. (vi) You will not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof.

3.We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

4.BookTribe reserves the right, in its sole discretion, to modify, update, change or replace any part of these Terms and conditions by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes forms acceptance of those changes.

5.BookTribe may change, suspend or discontinue the Services at any time.  BookTribe may also impose limits on certain features and services or restrict your access to parts or all the services. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

6.REGISTRATION FOR CERTAIN SERVICES. You will be required to register with your email address and select a password to use certain services. You may not use aa name or email of another person with the intent to impersonate that person.  You shall provide BookTribe with accurate, complete, and updated registration information.  You are responsible for maintaining the confidentiality of your password.  A failure to comply with this provision may result in immediate termination of your account.  BookTribe reserves the right to refuse registration of, or cancel a user account at its sole discretion.  If you begin to register for Services or purchase a subscription by providing your information on the Site but do not complete your registration or purchase, we may retain your name and email address and send you an email to remind you to complete your registration or purchase, or to provide you with additional offers or details related to the services.  You can opt of receiving these emails by clicking the “unsubscribe” link in the email or by contacting us a support@booktribe.com.au

7.SUBSCRIPTION PRODUCTS. When purchasing subscription products please note that you are purchasing an auto-renewing subscription to a BookTribe Subscription Box Product. The only exception to this is if you purchase a BookTribe Subscription Box Product as a non-renewing gift (this can be configured at checkout). All renewing subscriptions continue to renew at the end of their term unless cancelled in accordance with the Cancellation Policy (see below). The purchase of a Subscription Box Product constitutes your agreement to receive (or to have a designated third-party receive) monthly shipments of a book and curated items (“Subscription”, “Subscription Box”, “Subscription Box Product”, “Box”, “Boxes”). Subscription Box Products are available to purchase for various durations (e.g. 1-month, 3-months, 6-months – each a “Subscription Term”).

Initial Order: Your subscription to a Subscription Box Product will begin with the box that is available at the time of purchase. Subscription Box Products are advertised using a monthly designation (e.g. “January box”, “February box” etc) and corresponding monthly theme title (“Theme”). Subscription Box Products typically ship out between the 15th and 20th of their respective advertised month (e.g. a February box will ship between the 15th and 20th of February, a March box between the 15th and 20th of March etc.) and it is your responsibility at the time of purchase to comprehend which box will begin your subscription. Occasionally the current box on sale is available to buy 45 days (or more) in advance of the shipping date (e.g. a “February box” may become available for purchase on January 5th, but will ship between February 15th-20th). Our website and social media platforms (such as Facebook and Instagram) will indicate which month's box is available at time of purchase.

Auto-Renewing Subscriptions: After your initial order and (barring shipping delays) receipt of your first Subscription Box Product, you will be automatically re-billed (“Auto-Renewal”, “Auto-Renew”, “Renewal”, “Renew”) on the 1st of the month at the end of your Subscription Term (see below). BookTribe will continue to ship subsequent monthly Boxes (if paid for via either auto-renewal or as part of a 3 or 6-month Plan) between the 15th-20th of each calendar month, (or the following business day if the projected shipment date constitutes a postal holiday) until your subscription is cancelled. Please note that shipments may be delayed as a result of emergencies, severe weather, vendor issues, natural disasters, or other factors beyond BookTribe’s reasonable control.

Month-to-Month Subscription Term: If you purchase a Subscription Box Product with a Month-to-Month Subscription Term, you will pay for your first month's box at the time of purchase. For each subsequent month's box, your subscription will Auto-Renew (i.e. your payment method will be charged) on the first (1st) of the month. If the initial Renewal attempt fails, we will continue to attempt the Renewal daily for a maximum of ten (10) days.

3 or 6-Month Subscription Term: If you choose a 3 or 6-month Subscription Term, you will pay for the entirety of the plan at the time of purchase. Your subscription will then Auto-Renew, for the same duration as its original term, on the 1st of the month at the end of its Subscription Term (e.g. if you purchased a 3-month subscription beginning with a March box, you would pay for the March, April and May boxes at time of purchase and your plan would Auto-Renew for another 3 months on June 1st).

Changes to Subscription Terms: You can make changes and alterations to your Subscription Terms at any time via your BookTribe Account

8.CANCELLATION POLICY: If at any time you wish to stop your subscription from Auto-Renewing, you can cancel your subscription via your BookTribe Account. Once a subscription is cancelled, you will continue to receive any boxes that are remaining on your plan (i.e. boxes that you have already paid for), but your subscription will no longer Auto-Renew at the end of its Subscription Term. Please note that cancelling a subscription does not prevent the shipment of boxes associated with the subscription, nor does it create a refund for the subscription. Concerns regarding any aspect of the cancellation policy should be directed to support@booktribe.com.au.

9.SERVICE PRICING MAY CHANGE. Prices for, and details of, BookTribes’ Service can be found under the “Subscription” portion of the Site. All prices associated with BookTribe’s Services are displayed in Australian (AUD) dollars and are GST inclusive. BookTribe reserves the right to change the prices and available box subscriptions at any time, provided that any box subscription you have already paid for as of the date of such notice will not be affected by such change for the then current subscription term

10.USE OF PROMOTIONAL CODES: BookTribe may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the expiry-date published, if provided. Any promotional code may only be used in accordance with the terms provided with that promotional code or on the BookTribe website. Lost promotional codes cannot be replaced. Promotional codes will not be applied to subsequent automatically renewed transactions. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by BookTribe at any time in its sole discretion.

11.RETURN POLICY: BookTribe does not allow returns of Subscription Box Products or other associated items/products, except as outlined in section 12. BookTribe may choose to honour a return or exchange, as determined at its sole discretion, and you will be shipped a replacement item or issued a refund for the affected item. Discretionary refunds will be issued using the original method of payment. Concerns regarding any aspect of the return policy should be directed to support@booktribe.com.au.

12.DAMAGED OR MISSING ITEMS. If you receive damaged or missing products/items from BookTribe, please contact us at support@booktribe.com.au with details of the damaged or missing items within 7 days of receipt.  Photographic evidence of damage is required in order to receive replacement items.

13.YOU MUST PROVIDE ACCURATE INFORMATION. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. For subscription box products, any updates to your account (i.e. shipping and billing information/addresses) must be made prior to the first (1st) day of each calendar month for the updated details to apply to the subsequent month. If the credit card information you have provided is incorrect or incomplete, or BookTribe is unable to complete a transaction due to your error or omission, we will attempt to contact you and inform you of the problem. Failure to provide accurate and complete shipping and billing information may result in the delay or cancellation of your order or a particular delivery. If you believe you have purchased a subscription box product or other BookTribe product in error, please contact us immediately at support@booktribe.com.au

14.SHIPPING AND BILLING INFORMATION. All purchases made through the services will be shipped and billed to your default shipping address and default payment method identified in your account settings. All products purchased by you from this Service will be posted by a third party. BookTribe will send an email to subscribers after subscription boxes are delivered to the third-party carrier to notify of delivery. All risk to such products will pass to you upon delivery to the third-party carrier by BookTribe. In the event that any engaged third party courier provides tracking details to BookTribe, BookTribe will provide these details to the subscriber. BookTribe does not guarantee the accuracy of any such information.

15.COMPETITIONS. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online (including social media websites such as Facebook, Instagram etc), by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

16.We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

17.You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

18.PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

19.ERRORS, INACCURACIES AND OMISSIONS. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

20.DISCLAIMER OF WARRANTIES: Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While BookTribe makes all reasonable efforts to ensure that the information provided to you is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the BookTribe website, an email, and/or contained in your BookTribe box.  BookTribe makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk.  Moreover, BookTribe disclaims any responsibility in connection with your use of the products provided through the services, and any and all such use shall be at your own risk. BookTribe does not warrant that this Service will be uninterrupted, free from errors, defects, viruses or other harmful components.

21.RELEASE OF CLAIMS. You hereby release BookTribe, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, that may be incurred by you arising out of (i) your use of the Services, or (ii) any disputes with any third party and our Services. This includes, but is not limited to, any loss of profits, goodwill or business reputation; any loss of data; any dismemberment you may suffer; any cost of procurement of substitute goods or services; or any other intangible losses.

22.BREACHES OF TERMS AND CONDITIONS: BookTribe may, at its sole discretion and without prior notice, terminate your access to the Service and/or block your future access to the Service if it determines that you have violated these Terms and Conditions. The limitations and exclusions of liability shall apply irrespective of the theory of liability, including contract, warranty, product liability, strict liability, tort, or other theory. You acknowledge that BookTribe shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from foregoing rests entirely with you. You shall indemnify, defend and hold harmless BookTribe and its subsidiaries and assigns, from and against any and all claims, damages, liabilities, costs (including legal fees) and expenses which arise directly or indirectly from your use of this Service, any breach by you of these Terms and Conditions or the Privacy Policy, or any breach of any third party intellectual property rights.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@booktribe.com.au. You can also write to us via postal mail at the following address:

 

BookTribe

69 St Michaels Parkway

DUNSBOROUGH  WA  6281