Terms and Conditions

LEGAL AGREEMENT
Visitors to labkelpie.com (“user”, “you”, “your”) may only use this website if they agree to comply with the following terms which represent a binding legal agreement between the user and Lab Kelpie Inc. ABN 69 478 551 569 trading as Lab Kelpie (“Lab Kelpie”, “we”, “us”, “our”). Use of this website indicates acceptance of this agreement.

AMENDMENT TO THIS AGREEMENT
We may amend the terms of this agreement at any time without notice. By using this website you are agreeing to the Terms of Use current at the time of use.

PAYMENT METHODS
Products and services on labkelpie.com can be purchased using a valid credit card, through our PayPal or Stripe payment gateways. Use of PayPal and Stripe is covered by their own Terms and Conditions, available at PayPal and Stripe. Any information submitted to them is covered by their Privacy Policy available at PayPal and Stripe.

PRICING
The price you pay is fixed at the time of ordering. All prices are listed in Australian dollars and are inclusive of GST if applicable. If placing an order from outside Australia you will be charged in your own currency at the conversion rate of your credit card company or, where applicable, at the conversion rate set by PayPal or Stripe.

All orders are subject to price and availability confirmation from the relevant supplier(s). If we cannot source the product for the originally advertised price then we reserve the right to cancel your order.

CANCELLATIONS
You may not cancel an order once it has been submitted.

You acknowledge that, despite our reasonable precautions, products may be listed at an incorrect price, with incorrect information or may be unavailable. This may be due to an error or similar oversight. We reserve the right to cancel an order in that event.

We may also cancel an order if we believe that it is being made in contravention of this agreement, or in contravention of the rights of any person or any law.

We may cancel an order even if it has been confirmed and the customer’s credit card or PayPal account has been charged or funds have been received by cheque or direct deposit. We reserve this right up until the time of delivery of the product to that customer. If a cancellation of this nature occurs after the customer has been charged for the product, we will immediately return the amount in question to the customer’s credit card, PayPal account or bank account.

DELIVERY

Physical goods

Delivery of physical goods will be made by postal service and will be paid for by the customer at the price indicated at time of purchase. A handling fee may also be charged and will vary depending upon the size, price and publisher of the product.

For standard delivery of hard copy titles, allow up to 14 days. Although we usually better this, please wait 14 days before contacting us about your order. For customers outside Australia, please allow up to 28 days for receipt of goods.

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.

Electronic goods

Delivery of electronic goods will be via a hyperlink, provided upon completion of the purchase process and also contained within your order confirmation email. Simply click on the link or enter it into your web browser to start the download. Please note that once this link has been activated it can only be used a limited number of times before you download your purchase. If you have any problems please contact us.

You are licensed to print one copy only unless you have purchased an additional Copy Licence. Electronic copies should not be kept nor should you forward the link or electronic file as these activities may result in an illegal breach of copyright.

REFUNDS AND REPLACEMENT

Change of mind or customer error

If you have changed your mind or made an error in the selection of goods, we require notification within 5 business days from receipt of goods.

We are not obliged to provide a refund or replacement due to change of mind or customer error; however, we will consider these requests, which can be made via our Contact us page. If we do agree to your request, all items must be returned in original condition, including sealed / shrink-wrapped items where applicable. Shipping and delivery costs will not be refunded for change of mind requests. When correcting customer error, any additional delivery costs will be passed on to the customer.

We do not provide returns or refunds in relation to digital products and services when you have changed your mind.

Damaged or incorrect items

If you received a damaged or incorrect item, we require notification within 5 business days from receipt of goods. You are entitled to a refund in relation to the goods purchased OR a replacement product which is identical or of similar value if reasonably available.

COVER IMAGES
The images on our website are intended as a guide only. AustralianPlays.org does not fill orders for physical goods directly and we are unable to guarantee the cover image that arrives from the supplier will match the image listed on this site. Publishers can have various cover designs for one ISBN so images can change without notification. Receipt of a cover that differs from the edition listed on this site does not constitute sufficient grounds for a refund.

REPORTING INAPPROPRIATE CONTENT
In some instances, we do not manually screen content before it is displayed on the website so occasionally users may locate content that breaches this agreement.

Inappropriate content includes, but is not limited to, content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

Please help us by letting us know straight away about any inappropriate, or potentially inappropriate, content you see on the website.

INTELLECTUAL PROPERTY RIGHTS AND LICENCE
All intellectual property rights in this website (including the software and systems underlying the site, and text, graphics, logos, icons, and software) are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under, the Australian Copyright Act 1968 (Cth) and similar legislation that applies in your location, and except as expressly authorized by this agreement, you may not in any form or by any means:

  • use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
  • commercialise any information, products or services obtained from any part of this website; or
  • attempt to reverse engineer or decompile any software contained on this website; or
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or ‘mirror’ the materials on any other server without our written permission.

LINKED WEBSITES
This website contains links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites.

Our links to other websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

DISCLAIMER
We do not represent or guarantee that the Lab Kelpie website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to these websites or our services will be uninterrupted.

You acknowledge that our service or this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.

If we elect in our sole discretion to make available content on our website, we do not warrant that it will be available within a certain time frame.

We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

  1. if the breach relates to goods:
  • the replacement of the goods or the supply of equivalent goods;
  • the repair of such goods;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • the payment of the cost of having the goods repaired; and
  1. if the breach relates to services:
  • the supplying of the services again; or
  • the payment of the cost of having the services supplied again

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

INDEMNITY
You agree to indemnify, defend and hold us, our suppliers, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from: (i) your breach of this agreement; (ii) any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the website. This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.

SECURITY OF INFORMATION
No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.

TERMINATION OF ACCESS
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

GOVERNING LAW
This agreement is governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

ARBITRATION
Any controversy or claim arising out of or in connection with this agreement may, at our discretion, be settled by binding arbitration under the rules for the Conduct of Commercial Arbitration of the Institute of Arbitrators of Australia applicable at the time of submission. You agree to be bound by the ruling arbitrator. Each party is entitled to legal representation at any arbitration.

GENERAL
We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

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