Constant Reader - Terms and Conditions

Terms and conditions of use of website

Introduction

Constant Reader welcomes your use of this website, subject to the terms and conditions set out below.

These terms and conditions govern your use of this website and by using this website you acknowledge and accept these terms and conditions. If you disagree with these terms and conditions or any part of them, you must not use this website and you must immediately leave this website.

You must be at least 16 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent to Constant Reader that you are at least 16 years of age.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to the use of cookies in connection with the operation of this website in accordance with the terms of Constant Reader’s privacy policy.

Meanings

Unless the context otherwise prescribes, the following terms shall have the meanings set out below:

“Act” means the Competition and Consumer Act 2010, particularly Schedule 2 Australian Consumer Law.
“Business Day” means a day other than a Saturday, Sunday or public holiday in New South Wales.
“Constant Reader” means Monstrum Pty Ltd ACN 160 492 273 trading as Constant Reader.
“Prescribed Terms” means any terms, conditions, guarantees and warranties which the Act and any other law expressly provides may not be excluded, restricted or modified, or may be excluded, restricted or modified only to a limited extent.

License to use website

You may access this website for your personal and non-commercial use.

Unless otherwise stated, Constant Reader owns the intellectual property rights in the website and the content on this website. Subject to the license below, all these intellectual property rights are reserved.

Products and trademarks referred to on this website which are not the property of Constant Reader may be the subject of intellectual property rights held by third parties.

Nothing contained on this website should be construed as a licence or right to use any trade mark of Constant Reader or any third party except with the express permission of the owner of the trade mark.

You may view, download for caching purposes only, and print pages or specific content from this website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish content from this website (including republishing content on another website);
  • sell or sub-license content from this website;
  • display any content from this website in public;
  • reproduce, duplicate, copy or otherwise exploit content on this website for a commercial purpose; or
  • adapt, edit or otherwise modify any content on the website for any purpose.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to this website or impairment of the availability or accessibility of this website or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Constant Reader’s express written consent.

You must not use this website for any purposes related to marketing without Constant Reader’s express written consent.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Constant Reader makes no representations or warranties in relation to this website or the information and materials provided on this website. Specifically, we do not warrant that your access to this website will be uninterrupted or error free or that defects affecting this website will be rectified.

Without prejudice to the generality of the foregoing paragraph, Constant Reader does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Constant Reader is not liable to you or anyone else for loss, damage or expense if interference with or damage to your computer systems occurs in connection with the access to or use of this website. You must take your own precautions in accessing and using this website and to ensure that viruses, worms, trojan horses or other malicious computer software or code that may interfere with or damage the operation of computer systems does not interfere with or damage your computer system.

Limitations of liability

Constant Reader will not be liable to you (at law, under statute or otherwise) in relation to the content of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

However, nothing under this heading will exclude or limit any Prescribed Terms. To the fullest extent permitted by law, Constant Reader’s liability for breach of any Prescribed Term is limited at the option of Constant Reader to the following:

  • in the case of services supplied or offered by Constant Reader, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption:
    • the supply of the services again; or
    • the payment of the cost of having the services supplied again; and
  • in the case of goods supplied or offered by Constant Reader, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption:
    • 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;
    • the payment of the cost of having the goods repaired.

Indemnity

You hereby indemnify Constant Reader and undertake to keep Constant Reader indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses) incurred or suffered by Constant Reader arising out of any breach by you of any provision of these terms and conditions.

Breaches of terms and conditions

Without prejudice to Constant Reader’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Constant Reader may take such action as it considers appropriate to deal with the breach, including suspending your access to this website, prohibiting you from accessing this website, blocking computers using your IP address from accessing this website, contacting your internet service provider to request that they block your access to this website and/or commencing legal proceedings against you.

Privacy Policy

Please see Constant Reader’s Privacy Policy for the manner in which we gather, use and update personal information concerning our customers.

Variation

Constant Reader may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version of these terms and conditions.

Assignment

Constant Reader may transfer, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful or unenforceable, the remaining provisions will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the law of the State of New South Wales, Australia and any disputes relating to or arising out of these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia.

Communication with you

Constant Reader may at times need to communicate with you. In such case we will communicate with you generally either through the email address or telephone number you have provided to us. You will advise us of any changes in that email address or telephone number.

Communication with us

If you have any comments regarding our products or services we can be contacted as follows:

By mail to 27 Willoughby Road, Crows Nest, NSW 2065
By email to shop@constantreader.com.au

Terms and conditions of online sales

Introduction

These terms apply to all sales by us to you and incorporate the terms and conditions of the use of this website set out above to the extent to which those terms and conditions are capable of application to online sales through this website. These terms and conditions will prevail over all other purchase orders and other documents relating to a transaction to the extent of any inconsistency unless we agree in writing to vary these terms and conditions in relation to the transaction.

Orders

Each order you place with Constant Reader through this website will be a separate contract between Constant Reader and you for the supply of products on the basis of these terms and conditions.

An order for a product made by you through this website is an offer to purchase that product for the price shown as the purchase price for the product at that time on this website (in addition to the delivery fee).

In completing your online order, you agree to provide complete and accurate personal details for you and the recipient of the product ordered to enable the processing and delivery of the product. In doing so, you warrant that the person in respect of whom the personal details are provided consents to the provision of those personal details to Constant Reader and any payment agency and delivery agency it may use to process and deliver the product ordered. Constant Reader will not be liable for any loss, damage or expense arising from a failure to process or deliver your order due to inaccurate or incomplete information provided by you when placing the order.

Constant Reader reserves the right to accept or reject an order at any time and if we accept an order, such acceptance constitutes our agreement to supply the product ordered in accordance with these terms and conditions. If we do not accept your order we will advise you within 10 Business Days of your order being made and if payment for an order has been processed we will refund the money paid in respect of the order. Otherwise Constant Reader will not be liable for any loss associated with the rejection of an order.

Once your order is submitted and accepted by Constant Reader it cannot be cancelled or changed unless Constant Reader agrees in writing to do so. You should check your order carefully before submitting it. However you can return product supplied by Constant Reader in accordance with the returns policy of Constant Reader from time to time.

Unavailability of product

Occasionally, some product available for purchase through this website may be out of stock, Out of Print or temporarily unavailable so we may be unable to process your order. In such case Constant Reader will contact you through the contact details provided by you to arrange either a refund in respect of the product which cannot be supplied or to change your order to another product in stock, as agreed with you.

Price and payment

The price for a product ordered from Constant Reader is the price specified on this website at the time of the order. Delivery fees for a product are in addition to the price payable for a product.

Unless otherwise stated, all prices quoted are in Australian dollars and are inclusive of goods and services tax. Delivery fees quoted in relation to the purchase of a product are also inclusive of goods and services tax unless otherwise stated.

Payment for an order can be made by any of the methods specified on this website as being acceptable for an online order. Payment for an order must be cleared by Constant Reader before product is despatched. If payment for an order cannot be processed the order will be rejected and you will be notified of the rejection of the order.

Refunds

If Constant Reader processes a refund under these terms and conditions it will endeavour to do so within 5 Business Days of the relevant event giving rise to the refund. Your receipt of a refund will depend on the time taken by the financial institution through which payment was made to finalise the refund. Constant Reader is not liable for any loss, damage or expense you or any other person incurs as a result of a delay in the processing of a refund.

Where payment for an order is made through a credit or debit card or other card based scheme, refunds may only be possible to the card through which the original payment for the order was made.

Delivery

Constant Reader uses a delivery agent to deliver product purchased through this website.

We will endeavour to deliver products purchased through this website as soon as practically possible. Average delivery times are 4-7 Business Days for most areas within Australia, although deliveries to country areas may take a few more days.

Delivery of product purchased will be made at the delivery address specified in the order. If no person is present at the delivery address at the time of delivery the delivery agent will leave the product either in the letter box or adjacent to an access door to the premises.

Should circumstances beyond our control prevent or hinder delivery, we will be free from any obligation to deliver product while such circumstances continue. For as long as such circumstances exist, we may, at our option, cancel the relevant order or keep the order on foot until such circumstances have ceased.

Constant Reader will not be liable to you or any other person for any loss, damage or expense resulting from delay in the delivery of product as referred to above.

You must notify us within 10 Business Days of the acceptance of your order should you claim there has been a failure to deliver the product or any loss or damage to the product delivered. If you fail to notify us in accordance with this requirement then subject to the requirements of any Prescribed Terms, you will not be entitled to any remedy in respect to the claimed failure to deliver, loss or damage.

Acceptance of Products

You or the recipient of a product purchased from Constant Reader will upon delivery of the product to the delivery address specified in the order for the product immediately examine the product to verify it corresponds with the product ordered and to identify any damage evident to the product.

Subject to these terms and conditions, all claims regarding products ordered online and delivered must be made in writing to us within 14 days of the date of delivery and we do not accept liability for any such claim not made in accordance with these terms and conditions.

In the event of a claim made in respect of a product ordered online and delivered, where the claim has been made in accordance with these terms and conditions, we may, at our option:

(a) reduce the purchase price by agreement with you;

(b) accept the return of the product and, subject to the product being returned in the same condition as when it was delivered to the delivery address specified in the order, refund to you the purchase price; or

(c) replace the product,

and no additional claims of any nature whatsoever may be made against Constant Reader.

Limitation of liability

To the fullest extent permitted by law, Constant Reader’s liability for breach of any Prescribed Term in relation to products supplied or offered by Constant Reader through this website which are not of a kind ordinarily acquired for personal, domestic or household use or consumption is limited at the option of Constant Reader to the following:

  • the replacement of the products or the supply of equivalent products;
  • the repair of such products;
  • the payment of the cost of replacing the products or of acquiring equivalent products;
  • the payment of the cost of having the products repaired.

Risk and title

Risk and title in each product which you order will pass to you or the recipient of the product upon delivery of that product to the delivery address notified in the order.

Where, in accordance with our returns policy, we accept the return of any product, risk in that product will remain with you until the return of the product to us.