TERMS AND CONDITIONS
THE BELOW TERMS AND CONDITIONS GOVERN YOUR USE OF THE GAMBLING MAN WEBSITE (THE "WEBSITE"), AND FORM PART OF ANY CONTRACT IN RELATION TO THE PURCHASE OF MERCHANDISE FROM THIS SITE. THE WORDS “TERMS” OR “CONDITIONS” WHICH APPEAR ON THE WEBSITE MEAN THESE TERMS AND CONDITIONS.
THIS WEBSITE IS OWNED AND OPERATED BY BONMOAT PTY LIMITED (“THE COMPANY”). BY USING THE WEBSITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY LEAVE THIS WEBSITE AND MAY NOT USE THE WEBSITE OR PURCHASE ANY MERCHANDISE.
Bonmoat Pty Limited reserves the right, in its sole discretion, to modify or otherwise update these Terms of Use at any time and you agree to be bound by such modifications or updates. You agree to review these Terms of Use on a periodic basis.
Terms of Use
The contents posted on this site including graphics, images and other materials and all intellectual property rights (“Materials”) are protected by copyright under both Australian and international laws. Unauthorised use of the Materials may violate copyright, trademark and other laws. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the Company or the copyright owner. You may not use this site content in any way except for your own personal, non-commercial use.
You agree to use www.thegamblingman.com.au only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s enjoyment of this site. Prohibited behaviour includes transmitting obscene or offensive content, harassing or causing distress and inconvenience to any other user or disrupting the normal operation of this site.
You are prohibited from posting to or transmitting to or from this website any unlawful, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, hateful or profane material.
A user must be 18 years of age or over and agree to be bound by the Terms and Conditions. A user agrees to be truthful in information disclosed on the site and agrees to what he or she is buying and to pay for it.
Terms and Conditions of Purchase
The purchaser, by placing an order for merchandise, acknowledges that he or she is offering to purchase the merchandise subject to paying the purchase price and to the Terms and Conditions (“Orders”).
Orders for merchandise are subject to acceptance and availability. Upon acceptance, the following shall apply: The purchaser acknowledges that the merchandise (books) will be despatched by ordinary post via Australia Post 2 to 3 business days after receipt of payment.
Liability for the receipt is borne by the purchaser provided the book(s) have been posted. The liability of the Company ends upon lodging the merchandise for posting with Australia Post.
The purchaser acknowledges that purchase through PayPal is subject to the terms and conditions of PayPal.
If the purchaser chooses to pay by cheque, the book(s) will be despatched 2 or 3 working days after clearance of the cheque. Five working days should be allowed for cheque clearance. In the event of the cheque being dishonoured, Bonmoat Pty Limited reserves the right to recover from the payer and/or endorser of the cheque any costs incurred by the Company as a result of the cheque being dishonoured.
In the event the offer is not accepted and/or the book is out of print, the Company shall either return the money or arrange for a copy of the merchandise to be despatched after further re-printing.
Risk of Loss
Risk of loss passes to the Purchaser upon delivery of the merchandise to Australia Post.
Warranty Disclaimer
The Company warrants that it has good title to the merchandise and authority to sell the merchandise.
The Company warrants that it is not in breach of any copyright in respect of the website or the merchandise offered for sale on the website.
The information and materials on this site are provided “as is” without any other warranty of any kind, either express or implied. The Company, to the fullest extent permitted by law, disclaims all other warranties including, but not limited to, the warranty of merchantability, non-infringement of a third party’s rights and the warranty for fitness of a particular purpose. The Company further disclaims any liability arising from any damage to or viruses that may infect your computer or other property arising from any use of this website.
Limitation of Liability and Disclaimer of Consequential Damages
In no event shall the Company or its directors or officers be liable for any damages whatsoever (including, without limitation, direct, indirect, special, incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from or relating to this agreement or the site, including without limitation the use or inability to use the site, any changes to or inaccessibility of the site, delay, failure, unauthorised access to or alteration of any transmission or data, any submissions by users, or any data or material from a third person accessed on or through the site, whether based on warranty, contract, tort, misstatements of law or any other legal theory, and whether or not the company is advised of the possibility of such damages.
The limitations on and exclusions of liability in these Terms and Conditions apply, regardless of whether liability is based on breach of contract, tort (including negligence or defamation), as a result of any legislation or statutory instrument, strict liability, breach of warranties or any other legal theory.
Indemnity
You agree to indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims, actions or demands, arising out of or resulting from your use of the site or the materials on the site or your breach of these Terms of Use.
Severance
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of New South Wales, Australia, and you hereby submit to the exclusive jurisdiction of the courts of New South Wales. |
