Welcome to the Brunette Publishing website.
This website is provided as a service to our customers and is owned and
operated by Brunette Publishing.
The following rules and regulations apply to all visitors or users of the
Brunette Publishing website. By using this website, you agree to be bound
by these rules and regulations. We reserve the right to update or modify
these Terms and Conditions at any time, without prior notice. For this reason,
we encourage you to review these Terms and Conditions whenever you use this
website. If you do not agree to these terms, please do not use the Brunette
The products on this website are only available for sale to individuals
who can make legally binding contracts. The products are not available to
persons under the age of 18 years and any other persons who are legally
prohibited from entering into binding contracts. By making an on-line purchase,
you accept these Terms and Conditions and acknowledge that you are over
the age of eighteen (18) years.
If you require further assistance please contact our Customer Services team
on +61 3 8838 0503 between 9am - 5pm AEST Monday to Friday (excluding public
holidays), or email email@example.com.
Any order placed by you through the Brunette Publishing
website is an offer by you to purchase a particular product(s) for the price
(including the delivery and other charges and taxes) where applicable specified
on this website at the time you place your order. We reserve the right to
accept or reject your offer for any reason, including, without limitation,
the unavailability of any product, an error in the price or the product
description posted on this website, or an error in your order. The rejection
of any offer is at the sole discretion of Brunette Publishing. Your contract
only comes into existence when you are forwarded a confirmation of receipt
of your order and payment. If we do not have the goods you order in stock,
you will be offered an alternative before we despatch your order. If this
occurs you may accept the alternatives we offer, cancel your order or leave
the order valid, but tell us to omit the out-of-stock item/s.
If your Paypal account has already been charged for an order that is subsequently
cancelled, Brunette Publishing shall issue a credit to your Paypal account.
Price and Payment
All prices displayed on the website, including but
not limited to prices of products and delivery and other charges, are quoted
in Australian Dollars and are current at the time of issue, but may change
at any time without notice and are subject to availability. Any changes
to prices displayed on the website are at the sole discretion of Brunette
Prices displayed on this website are inclusive of Goods and Services Tax
(GST) applied at the rate of 10%. You are responsible for the payment of
any and all taxes, duties and charges or any liabilities imposed by any
government agency, government taxation agency or other government body,
including without limitation, any customs duty, and additional GST payable
or any value added tax imposed on any products or services acquired or ordered
by you from this website.
You will also be liable for any transport or delivery costs incurred as
a result of delivering your order to you. We shall advise you of such transport
or delivery when an order is placed and/or before it is dispatched to you.
You must pay us the full price of your order before we will despatch any
part of it.
Limitation of Liability
Brunette Publishing shall not be liable for any damages
suffered as a result of accessing, using, printing, copying or downloading
the website. To the extent that Brunette Publishing are able to limit the
remedies available under the Terms, and subject to any other condition of
the Terms, Brunette Publishing expressly limit their liability for breach
of a non-excludable condition or warranty implied by virtue of any legislation
to the following remedies (the choice of which is to be at Brunette Publishing's
(i) in the case of goods, any one or more of the following:
1. the replacement of the goods or the supply of equivalent goods;
2. the payment of the cost of replacing the goods or of acquiring equivalent
In no event shall Brunette Publishing be liable for lost profits or any
special, incidental or consequential damages arising out of or in connection
with the goods or the website or these Terms. The customer or user agrees
to accept sole responsibility for the legality of the customer or user's
actions under the laws which apply to the customer or user and any transaction
conducted directly or indirectly or in any way connected with the website
or the goods or services. The customer and user agrees that Brunette Publishing
has no responsibility for the legality of any other customer or user's actions
Notwithstanding the above provisions, nothing in the Terms is intended to
limit or exclude any liability on the part of Brunette Publishing where
and to the extent that applicable law prohibits such exclusion or limitation.
Brunette Publishing further does not warrant the accuracy, suitability or
completeness of the information, text, graphics, links or other items contained
within the website.
You are solely responsible for adequate protection and backup of your data
and/or equipment used in connection with the website and will not make and
hereby waive any claim against Brunette Publishing for lost data, re-run
time, inaccurate output, work delays or lost profits resulting from the
use of the website. No liability whatsoever (except as provided by law)
will be accepted by Brunette Publishing for any direct or indirect loss
or damage relating to delivery of products or the performance of products
purchased through the website unless the same occurs because of the wilful
act or default or negligence of Brunette Publishing, its employees, agents
or contractors in which case liability is limited to Brunette Publishing's
discretion to the replacement of products or the payment of the cost of
having the products resupplied.
Disclaimer and Indemnity
You agree that your access to, and use of this website
is subject to these Terms and Conditions and all applicable laws, and is
at your own risk. While the information and material contained on the website
is believed to be accurate and current, it is provided by Brunette Publishing
in good faith on an "as is" basis.
Brunette Publishing accept no responsibility for and make no representations
or warranties to you or to any other person as to the reliability, accuracy
or completeness of the information contained on the website.
Any reference to products or services on this website is for information
purposes only and does not constitute an endorsement or a recommendation
of those products or services by Brunette Publishing.
Brunette Publishing expressly disclaims any implied or express warranties
or conditions of any kind, including warranties of merchantable quality,
fitness for a particular purpose, or non infringement of intellectual property
rights relating to information or materials accessible from or on this website.
Brunette Publishing shall not be liable to you for any damage resulting
from use of or reliance on the materials or information on the website or
any other loss or damage whatsoever including, but without limitation, special,
indirect, consequential or incidental loss or damage (including loss of
profits, revenue, production, opportunity, access to markets, goodwill,
reputation, use or any indirect, remote, abnormal or unforeseeable loss),
or any loss or damage relating to business interruption, loss of programs,
or other data on your information systems or costs of replacement goods,
or otherwise, even if Brunette Publishing is expressly advised of the possibility
of such loss or damage. To the extent (if any) that the content on the website
does not satisfy the laws of a country other than Australia, it is not directed
to persons in those countries and they should not use the website.
By using this website and agreeing to these Terms and Conditions, you agree
to indemnify Brunette Publishing and its employees and affiliates and hold
Brunette Publishing and its employees and affiliates, harmless against all
loss, actions, proceedings, costs (including legal costs), expenses, claims,
penalties, fines, expenses, costs and damages arising from or in relation
to any breach by you of these Terms and Conditions, your access and/or use
or exploitation of the website or reliance on its contents or information
received through it by yourself or any person accessing any content through
the website and as a result of any use or exploitation by you of any material
posted by any third party or any other website, or both. This indemnification
includes, without limitation, liability relating to copyright infringement,
defamation, invasion of privacy and trademark infringement.
Brunette Publishing does not warrant that your access to the goods and services
or the website will be continuous or fault free and the customer and user
acknowledges that Brunette Publishing does rely on various service level
agreements that it has with third parties from time to time and its ability
to perform hereunder may be affected by the terms of such service level
The customer or user agrees to indemnify and continue to indemnify and hold
Brunette Publishing harmless from and against any claims, demands, proceedings,
losses and damages of every kind and nature, known and unknown, including
reasonable legal fees, made by any third party or customer or user due to
or arising out of: (i) the customer or user's breach of the Terms, or (ii)
the customer or user's violation of any law or the rights of a third party
or (iii) as a result of any customer or user having a dispute with any other
customer or user/s.
The customer or user shall comply with all applicable domestic and international
laws, statutes, ordinances, common law and regulations regarding the customer
or user's use of the website and services. The customer or user agrees to
ensure that any information posted by the customer or user on the website
does not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices
Act 1974 (Cth) and any other applicable legislation. The customer or user
is responsible for confirming that all activities are lawful and the customer
or user must ensure that all applicable laws and the terms are complied
with in every respect.
Intellectual Property Rights
Title, ownership rights and intellectual property
rights in the content, whether provided by Brunette Publishing, or by any
other content provider, shall remain the sole property of us and/or the
other content provider. We will strongly protect its rights in all countries.
You may not copy, modify, publish, transmit, transfer or sell, reproduce,
create derivative works from, distribute, perform, display, or in any way
exploit any of the content, in whole or in part, except as is expressly
permitted in this agreement.
You may download or copy the content only for your own personal use, provided
that you maintain all copyright and other notices contained in such content.
You may not store electronically any significant portion, except after the
purchase of our e-books and only the e-books in the format as purchased.
Brunette Publishing is the copyright owner of the
content of the website or is licensed by the copyright owner to use the
content on the website. You must not in any form or by any means copy, reproduce,
adapt, store, distribute, broadcast, transmit, print, publish or create
derivative works from any information, material or data on this website.
You must not use or apply, alter, or modify, for commercial or other purposes,
any information, material or data on this website, without the prior written
consent of Brunette Publishing.
All trademarks, brands and names appearing on this website are the property
of their respective owners.
The customer or user grants to Brunette Publishing an exclusive, non-transferable
licence to use the customer or users content, advertising, images, video
and personal information and intellectual property Rights (including the
right to communicate to the public) necessary for Brunette Publishing to
supply the goods and services and to publish and maintain its websites.
Linking to this website and third party links
Creating or maintaining any link from another website
to any page on the Brunette Publishing website without our prior written
permission is prohibited. Displaying the Brunette Publishing website or
any material displayed on this website in frames or through similar means
on another website without our prior written permission is prohibited. Any
permitted links to this website must comply with all applicable laws, rules
and regulations. The Brunette Publishing website may contain links to other
websites on the internet that are owned and operated by third parties. You
acknowledge that Brunette Publishing is not responsible for the operation
or content on or through any such site. If you decide to access any other
website linked to or from this website, you do so entirely at your own risk.
These Terms and Conditions are governed by the laws
in force in Victoria, Australia and you irrevocably and unconditionally
submit to the non-exclusive jurisdiction of the courts of Victoria, Australia
and any courts which may hear appeals from those courts.
The provisions of the Terms are severable, and if any provision of the Terms
is held to be invalid or unenforceable, such provision may be removed and
the remaining provisions shall be enforced.
Brunette Publishing's failure to act with respect to a breach by any customer
or user or others does not waive its right to act with respect to subsequent
or similar breaches.
Information provided by you
If you purchase goods and services from Brunette
Publishing, we may require you to provide your name, address, email address,
credit card number or other details. We may subsequently require further
details to enable the processing of any orders that you make. You agree
to provide Brunette Publishing with current, complete and accurate customer
information when requested to do so by this website or an employee of Brunette
We agree to reasonably respond to any point of dissatisfaction by you, provided
you contact us within three months of purchase. Other than personally identifiable
material, information, ideas, suggestions, questions, comments or other
communication which you post to this website in any manner will be considered
non-confidential and non-proprietary. Brunette Publishing and our affiliates
may use any or all such communications for any purpose, including, without
limitation, reproduction, transmission, disclosure, publication, broadcast
and/or marketing in any manner for any or all commercial or non-commercial
purposes. We may, but are not obligated to, monitor or review any communication
by you. We shall have no obligation to use, return, review or respond to
any such communications. We will have no liability related to the content
of any such communications, whether or not arising under the laws of copyright,
libel, privacy, obscenity or otherwise. We retain the right to remove any
or all communications that includes any material we deem inappropriate or
We will always attempt to be as accurate as possible
with our product descriptions and pricing. However, we are unable to warrant
that product descriptions or other content on the website is accurate, complete,
reliable, current or error free.
Please read the delivery information
contained in this website. The delivery times are indicative only and Brunette
Publishing will not be liable for any failure to observe these delivery
times. For further information click here.
Not to use website for improper use
The customer or user agrees that they will not use
any robot, spider, other automatic device, or manual process to monitor
or copy any content or web pages or other information on the website without
Brunette Publishing's prior written permission.
Brunette Publishing is committed to safeguarding
your privacy. The terms detailing the handling of personally identifiable
information and other information by you in connection to this website is
Termination and effect of termination
Brunette Publishing reserves the right to terminate
or suspend your use of the website, without notice, for any reason or for
no reason and without liability to you or any third party. You are personally
liable for any orders that you place or charges that you incur prior to
termination. We reserve the right to change, suspend or discontinue all
or any aspect of this website, at any time, without notice.
If any of these terms is at any time held by any
jurisdiction to be void, invalid or unenforceable, then it shall be treated
as changed or reduced, only to the extent minimally necessary to bring it
within the laws of that jurisdiction and to prevent it from being void and
it shall be binding in that changed or reduced form. Subject to that, each
provision shall be interpreted as severable and shall not in any way affect
any other of these terms.
The Brunette Publishing website may be accessed from
countries other than Australia. This website may contain products or references
to products that are not available outside of Australia. Any such references
do not imply that such products will be made available outside Australia.
If you access and use this website outside Australia you are responsible
for complying with your local laws and regulations.
Release and Indemnity
You agree to waive any and all claims that you now
have or may have in the future against Brunette Publishing and our associates,
which relate to, or are incidental to any transaction.
You agree to indemnify and hold Brunette Publishing harmless from and against
any and all claims, loss or expense that may be incurred by Brunette Publishing
or our associates, which relate to or are incidental to the performance
of its duties as described in these Terms and Conditions, including all
legal costs incurred defending itself against a claim by any other person
and/or as a result of you taking any action or refraining from taking any
action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold Brunette Publishing and our associates
harmless from any claim made by any third party due to or arising out of
your use of this website, the violation of these Terms and Conditions by
you, or the infringement by you, or other users of this website using your
account, or any intellectual property or other right of any person or entity.
The Terms are the entire understanding and agreement
between the customer, user and Brunette Publishing and those terms and conditions
which are intended to remain after the termination or expiry of these Terms
including but not limited to all indemnities owed to Brunette Publishing
by the customer and the user, shall survive any termination or expiration
of these Terms.
Amendments to Terms and Conditions
Brunette Publishing may terminate, suspend, change
or discontinue any aspect of this website, including the availability of
any features on this site, at any time and without notice.
Brunette Publishing reserves the right, at its sole discretion, to change,
modify, add or remove any portion of these Terms and Conditions in whole
or in part, at any time and without notice. Brunette Publishing may terminate
the authorisation, rights and license given above at any time and without
notice. Your continued use of this website after any changes to these terms
are posted will be considered acceptance of those changes. In the event
that a customer or user does not agree with the Terms, the customer or user
must immediately cease their use of the website, not order any goods or
services from Brunette Publishing.
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