These terms apply to any customer who does not have an account with OfficeMax Australia Limited ABN 26 064 777 224 (Customer).
1. CONTRACT 1. These terms apply to any sale of goods contract between OfficeMax Australia Limited (our, us or we) and a Customer (your or you) entered into through this website (www.officemaxschools.com.au). 2. We may change these terms from time to time without notice, by publishing the new terms on this website. 3. These terms override all prior negotiations, representations, proposals, understandings and agreements whether in writing or not, relating to the sale of goods by us to you. Accordingly, any goods delivered by us to you (or a person nominated by you) are the subject of a sale of those goods under and in accordance with these terms.
2. SALE AND PURCHASE 1. Your placement of an order with us (Order) for any goods displayed on this website (the Goods) constitutes an offer by you to purchase the Goods from us on these terms. The Order is placed when it is submitted to us. 2. The Order is accepted only when we notify you that we accept your Order. For example, we might notify you that we accept your Order by sending you an e-mail stating this or by displaying a confirmation within this website. 3. If we accept the Order, a binding contract between you and us will arise on these terms (the Contract). The Contract may be amended only by written agreement between us and you. 4. We reserve the right, at our discretion, to limit the quantity of goods purchased per customer and to reject orders. We will notify you if such limits apply and if we reject the order for any reason.
3. PRICE 1. The price of the Goods will be as published on the website on the day that you give us your Order for the Goods (Purchase Price). From time to time we may introduce promotions for limited periods that alter the price stated. 2. We may change our published prices from time to time without notice. 3. We are entitled to charge a delivery fee, which will be calculated by reference to the goods purchased and the post code of the address stated in the Order. If a delivery fee applies, it will be displayed on the checkout page prior to you submitting your Order and itemised on your invoice.
4. GOODS AND SERVICES TAXYou must pay us goods & services tax (GST) at the prevailing GST rate on any taxable supplies made by us. The Purchase Price includes any GST. Any GST payable by you will be displayed on the checkout page prior to you submitting your Order and will be shown on your invoice.
5. PAYMENT 1. Credit card or PayPal payment is required at the time of placing your order. 2. Subject to any limitation imposed by law, any expenses, costs or disbursements incurred by us in recovering any money outstanding under the Contract, including debt collection agency fees or solicitor’s costs, will be paid by you. 3. You must pay us any fees or costs imposed on us if any payment you make to us is dishonoured or reversed.
6. DELIVERY 1. We will arrange for the delivery of the Goods to the address stated in the Order by such carrier and such form of transport we consider to be appropriate. If the carrier does not find a person at that address to take delivery of the Goods, the Goods may instead be left at that address or may be temporarily stored at the nearest depot of the carrier for collection by you as notified by us or as specified on a card left at your address by the carrier.2. Risk in the Goods passes to you when we give them to the carrier for delivery. 3. We will not be liable for any loss or damage, whether direct, indirect or consequential, arising out of the misdelivery, delayed delivery or failure to deliver the Goods or any damage to the Goods in delivery, except to the extent such loss or damage is caused by our negligent act or omission.
7. EXCLUSION OF WARRANTIES AND LIABILITY 1. The Goods come with guarantees under the Australian Consumer Law. Nothing in these Terms and Conditions excludes, restricts or modifies: a) the application of any provision of the Australian Consumer Law to the sale of the Goods; or b) the exercise by you of a right conferred by such a provision; or c) any liability of a person for failure by us to comply with a guarantee that applies under the Australian Consumer Law to the sale of the Goods. Subject to the above, all conditions and warranties, whether or not implied by law, are excluded from any contract for the sale of the Goods, and we do not accept liability for any claim by you or any other person relating to or arising from any such condition or warranty. Details of any manufacturer’s warranty are included with the Goods.
8. RETURN OF GOODS1. Except where the Australian Consumer Law permits you to reject the Goods, we will not accept the return of the Goods for credit or any other purpose unless we agree to accept the return of the Goods and advise a Return Advice number prior to the return of Goods (referred to as a "change of mind" return), in which case the remaining provisions of this Condition 8.1 and Conditions 8.2 and 8.3 will apply. Technology items including laptops, notebooks tablets and licences to access digital content (known as "eBooks") are sold on a non-return for change of mind basis. You must request our agreement to accept change of mind return of the Goods within 14 days of delivery, unless due to our error. Return freight will be at our cost only when error on our part. 2. No returned Goods shall be accepted by us (even if we agree to do so) if they have been tampered with by you or any other person and are not as new, if the Goods expressly sold on a non-returned for change of mind basis, or if they are not accompanied by the Return Advice Number referred to in Condition 8.1. Where goods are returned to us as above, they shall be returned to you at your expense. 3. Receipt by us or by any of our agents or representatives of any Goods returned other than in accordance with Condition 8.1 or to which 8.2 applies shall not constitute nor be deemed to constitute our acceptance of the return of the Goods for credit or any other purpose.
9. TITLE AND RISK 1. Risk in the goods will pass to you in accordance with clause 6.3
2. Irrespective of the time when risk in the Goods is to pass, passing of property and title in the Goods will be determined as follows: a) Property and title in the Goods will remain with us until you have made payment in full of the Purchase Price and any other money you owe under the Contract. b) Pending payment in full: i) the relationship between us and you will be fiduciary, and you will hold the Goods as bailee for and on behalf of us; ii) you will in all cases retain the Goods upon the premises at your address (within Australia to which the Goods were delivered) in a manner such that they are readily identifiable as our property; and iii) you will not in any way deal with, part with possession or dispose of the Goods, or attempt to do any of those things. c) In the event that you default in payment of the Purchase Price or any other money you owe under the Contract or upon the occurrence of any of the events specified in clause 10, we will be entitled to repossess the Goods. For this purpose you authorise us and our employees, representatives or agents to enter upon your premises to repossess the Goods, and grant all reasonable access rights and we are entitled to do all things required to secure possession. If the Goods are at the premises of another person, you will procure for us equivalent authorisation to enter the premises and rights of access so that we can secure possession. Upon repossession of any of the Goods we will be entitled, in our discretion, to resell the Goods to any third party. You will not have any action whatsoever against us, whether for breach of contract or otherwise. d) Without limiting our rights against you for any breach of clause 9.2(b) or any other clause of the Contract, if you sell or otherwise dispose of the Goods, or any other thing in which the Goods have been incorporated, to a third party prior to making payment of the Purchase Price or any other money you owe under the Contract, we will be entitled to so much of the proceeds of such sale as is equivalent to the amount of money owing to us by you.
3. In addition to the payment of any other money payable by you to us under the Contract, we shall be entitled to charge for and recover from you on demand all costs, loss or damage incurred by us in exercising any of our rights under clause 9.2, including, but not limited to, the cost of storage, labour, transportation and administration costs at our prevailing commercial rates.
10. CUSTOMER’S LIABILITY AND DEFAULTIf any of the following occur:
1. you fail to make any payment due under the Contract or commit any other breach of any of your obligations under the Contract; or 2. an order is made for your bankruptcy, winding up or dissolution; or 3. you enter into, or resolve to enter into, any arrangement or composition or compromise with, or assignment for the benefit of, your members or creditors; or 4. a receiver, receiver and manager, trustee, administrator, liquidator or similar official is appointed over any of your property or assets; or 5. you become insolvent within the meaning of section 92A of the Corporations Act 2001; or 6. any similar event occurs in relation to you, we (in addition to any other remedies we may pursue) may treat the Contract as terminated and any part of the Purchase Price then unpaid, together with any other money owing by you under the terms of the Contract, will forthwith become due and payable. Any such termination shall be without prejudice to any claim or right we may otherwise possess.
11. LIMITATION OF LIABILITYWhere the Goods or any services we supply under the Contract are not goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption, then our liability (if any) for failure to comply with a guarantee under the Australian Consumer Law (other than, in respect of the Goods, a guarantee as to title, a guarantee as to undisturbed possession or a guarantee as to undisclosed securities, charges or encumbrances) is limited, so far as the Australian Consumer Law allows and at our option: (a) in the case of the Goods, to repair or replacement of the Goods or supply of equivalent goods (or paying the cost of any of these); or (b) in the case of any services supplied by us, to supplying the services again (or paying the cost of having the services supplied again).
12. GOVERNING LAW AND JURISDICTIONThe Contract is governed by the laws of the State of Victoria, in Australia. You and we submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.
13. NO ASSIGNMENTYou may not assign the Contract unless you have obtained our prior written consent to do so.
14. SEVERENCEIf any term of the Contract is found to be invalid or unenforceable, such invalidity or unenforceability will not affect the remainder of the Contract, which will continue in full force and effect.
15. NOTICESAll notices under the Contract must be in writing. Notices can be given personally, by fax, by post or by e-mail, to an address or number detailed in the Order. If a notice is sent by post, it will be taken to have been received 3 business days after posting, unless in fact it is received earlier. Any changes to notice details must be notified in writing.
If you do not comply with this Agreement at any time, OfficeMax and ReadCloud reserve the right to immediately suspend or terminate your access to the Service (or any part thereof) and/or your user account, if any. You agree that any termination or cancellation of your access to, or use of, the Service may be effected without prior notice. If you do not abide by the terms of this Agreement, you agree that OfficeMax and ReadCloud may immediately deactivate or delete your user account, if any, and 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). Further, you agree that neither OfficeMax nor ReadCloud shall be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Service. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of or of access to the Service, or any policies or practices by OfficeMax and ReadCloud in providing the Service, including without limitation any change in content, is to cease using the Service and cancel or terminate Registered User account or subscription, as applicable.
Registered UsersAccess to eBooks via the Service is only available to individuals who download the App, register with ReadCloud and create a user account on the Service (each, a "Registered User"). If you are a Registered User then you agree to the following:(i) in consideration of your use of the Service, you 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, OfficeMax and ReadCloud have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof);(ii) Through the registration process, Registered Users will receive a password and account designation. 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 designation. You agree to: (a) immediately notify OfficeMax and ReadCloud of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session.Any personal information you provide in the registration form will be collected in accordance with, and for the express purposes set out in OfficeMax and ReadCloud's Privacy Policies.
Access to ContentOfficeMax, ReadCloud and their publishing partners enable you, subject to the restrictions set forth herein, to view, download, display and use on your devices, including but not limited to mobile devices, e-readers, and personal computers (each a "Device") a variety of digitized electronic content, such as books, journals and other periodicals, and other digital content, as determined by OfficeMax and ReadCloud ("Digital Content").
RestrictionsYou may not sell, rent, lease, distribute, broadcast, transfer, or assign your rights to the Digital Content or any portion of it to any third party except as expressly permitted by OfficeMax and ReadCloud. In addition, you may not remove any watermarks, labels, or other proprietary notices on or in the Digital Content. You acknowledge and agree that OfficeMax and ReadCloud may place limits on the number of Devices and/or software applications you may use to access Digital Content and that such limits may be set by OfficeMax and ReadCloud at any time at their discretion. You acknowledge and agree that OfficeMax, ReadCloud and/or its publishing and/or distribution partners may record and store the unique device identifier numbers of your Devices in order to enforce such limits.
Disclaimer and Limitation of LiabilityThe Competition and Consumer Act and similar State legislation in Australia may confer rights and remedies on you in relation to the provision of the Digital Content and the Service, which cannot be excluded, restricted or modified ("Non-excludable Rights"). OfficeMax and ReadCloud do not exclude any Non-excludable Rights, but all other conditions and warranties implied by custom, law or statute are hereby excluded. Except as provided for by the Non-excludable Rights:(i) The App is provided on an "as is" basis;(ii) OfficeMax, ReadCloud and their licensors make no representations or warranties of any kind, express or implied, as to the operation of, your access to or the results of your access to the App (including any related or linked websites) or the correctness, accuracy, timeliness, completeness or reliability of the information, Digital Content, materials or products purchased from OfficeMax Schools and accessed via the App.(iii) To the full extent permissible by applicable law, OfficeMax and ReadCloud disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.(iv) Neither OfficeMax nor ReadCloud will be liable for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, any information on the App or in the Digital Content, whether or not caused by any negligent act or omission. If any law prohibits the exclusion of such liability, OfficeMax and ReadCloud hereby limit their liability to the extent permitted by law, to the resupply of the said information.