Books Kinokuniya Australia

TERMS & CONDITIONS

BOOKS KINOKUNIYA WEBSITE TERMS ‌& CONDITIONS

Welcome to our Site. Please read the following Website Terms and Conditions carefully (including our Privacy Policy) (collectively "Website Conditions") before accessing this Site, using the Services or ordering Products (all defined below), so that you are aware of your legal rights and obligations with respect to Kinokuniya Book Stores of Australia Pty Ltd (ACN 072 525 949) and its related entities, affiliates and subsidiaries (individually and collectively, "Kinokuniya").

By accessing this Site, using the Services, or ordering Products, you hereby agree to be legally bound by these Website Conditions. If you do not accept these Website Conditions, please leave the Site and discontinue use of the Services immediately, and do not order any Products via the Site

1.Agreement
1.1You hereby represent and warrant that:
1.1.1you have read and agree to these Website Conditions and our Privacy Policy;
1.1.2you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Website Conditions;
1.1.3you are authorised to bind the entity (yourself or your company) on whose behalf you are accessing this Site, using the Services or ordering Products and such entity agrees to be bound by these Website Conditions; and
1.1.4all of the information provided by you to Kinokuniya (including without limitation personal particulars and contact information) is accurate and complete.
1.2Kinokuniya reserves the right to change, modify, suspend or discontinue the whole or any portion of the Site, Services or Products at any time. Kinokuniya may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
1.3Kinokuniya may from time to time vary or amend these Website Conditions by posting the amended Website Conditions at this Site. Any use of the Services after the amendment of these Website Conditions will be deemed to be acceptance of the amended Website Conditions by you. If you do not agree to the amended Website Conditions, you have the right to close your Account and/or cease using the Services.

2.Definitions
2.1In this Agreement, the following definitions shall apply unless the context does not permit such application:
"Account" means a registered account of a Member opened under this Site.
"Agreement" means the agreement formed by these Website Conditions and the Privacy Policy, and in the case of a Member, by these Website Conditions, the Privacy Policy and the Membership Conditions.
"Kinokuniya" is defined in the opening paragraph of these Terms & Conditions.
"Kinokuniya Content" means all Content of Kinokuniya that is made available on or via this Site.
"Computer" means your computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access this Site or the Services.
"Content" means book listings, book descriptions & reviews, materials, information, advertisements, text, audio, video, pictures, graphics, blogs, webcasts, podcasts, broadcasts, messages, comments, suggestions, ideas and other content.
"Linked Sites" is defined in Clause 8.1.
"Member" means a registered member of the Site.
"Membership Conditions" means the terms and conditions applicable to Members accessible here.
"Other Content" means all other content than Kinokuniya Content that is made available on or via this Site.
"Products" means books and other products available for purchase at the Site.
"Servers" means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services.
"Services" is defined in Clause 3.2.
"Site" means the Kinokuniya website containing the link to these Terms & Conditions.
"Third Party Products" means products and services of third parties advertised on or available at the Site or websites linked from the Site.
"User Content" means all Content on this Site which is created, transmitted, posted or uploaded by a user of the Site.
2.2The words "include" and "including" shall not be construed as having any limiting effect.
2.3The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.

3.Site and Services
3.1The Site is owned and maintained by Kinokuniya.
3.2Kinokuniya may offer one or more of the following services on or through the Site (each a "Service" and collectively the "Services"):
3.2.1online ordering of Products;
3.2.2online applications for Kinokuniya Card membership;
3.2.3access to Content;
3.2.4search engines or tools;
3.2.5a platform to create, upload and publicly make available customer reviews and other content;
3.2.6any other features, content or applications that Kinokuniya may offer at the Site from time to time in its sole and absolute discretion.
3.3You acknowledge and agree that to order Products and to access and use certain Services, you will be required to register as a Member and additionally shall be bound to strictly comply with the Membership Conditions and other conditions accessible therein, in addition to these Website Conditions.
3.4From time to time Kinokuniya will run competitions, promotions and surveys at the Site. These are subject to additional terms and conditions that will be made available at the time they are run.

4.Content Use Conditions
4.1You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:
4.1.1any Service;
4.1.2the Site;
4.1.3any Kinokuniya Content except with the prior written consent of Kinokuniya or unless expressly permitted in these Website Conditions; or
4.1.4any User Content except with the prior written consent of Kinokuniya and the owner of the specific User Content, unless you are the sole owner of the specific User Content.
4.2Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Services, Kinokuniya Content, or User Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of Kinokuniya.
4.3You may for your personal, non-commercial use:
4.3.1retrieve and display Kinokuniya Content on any compatible device owned by you;
4.3.2print a single copy of individual articles on paper (but not photocopy them); and
4.3.3store such articles in electronic form on disk or on a mobile device owned by you (but not on any server or other storage device connected to a network).
4.4All Kinokuniya Content are the copyrighted work of Kinokuniya or its Licencees or its content or software providers, and Kinokuniya reserves and retains all rights in the Kinokuniya Content. Use of some Kinokuniya Content may be governed by the terms of an accompanying end user license agreement.
4.5You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Kinokuniya Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or Kinokuniya in writing.

5.Intellectual Property
5.1The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the Site, and all Kinokuniya Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with Kinokuniya.
5.2The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Kinokuniya or other third parties, and all rights to the Marks are expressly reserved by Kinokuniya or relevant third parties. You are not permitted to use any Marks without the prior written consent of Kinokuniya or such third party. Kinokuniya and its subsidiaries aggressively enforce their intellectual property rights to the fullest extent of the law. The name of Kinokuniya or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of Kinokuniya.
5.3The domain name on which the Site is hosted on is the sole property of Kinokuniya and you may not use or otherwise adopt a similar name for your own use.
5.4If you have any questions or concerns about these Website Conditions or any issues raised in these Website Conditions or on the Site, please email us at webstore-aus@kinokuniya.com.

6.Online Conduct
6.1You hereby undertake:
6.1.1to comply with these Website Conditions, and such other notices or guidelines that may be posted on the Site by Kinokuniya from time to time (which are hereby incorporated by reference into these Website Conditions);
6.1.2not to use any Service, Product or Kinokuniya Content for any unlawful purpose, and shall comply with all applicable laws and regulations, including without limitation, copyright law;
6.1.3not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming; and
6.1.4not to use the Account of another Member at any time, whether with or without his/her permission.

7.Disclaimers & Limitations
7.1While we make every effort to ensure that all Kinokuniya Content displayed on the Site is accurate and complete, we provide the Kinokuniya Content and Other Content for informative purposes and on an 'as is', 'as available' basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Kinokuniya disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, Kinokuniya does not warrant that the functions contained in or access to the Site, Services, Kinokuniya Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, Kinokuniya Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any Kinokuniya Content in or with any Computer will not affect the functionality or performance of the Computer. Kinokuniya does not warrant or make any representations regarding the use or the results of the use of the Kinokuniya Content, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not Kinokuniya) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold Kinokuniya liable for the loss of any of your User Content that is due to any circumstances beyond the reasonable control of Kinokuniya.
7.2The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. Kinokuniya does not sponsor, endorse or promote any financial products, services or information.
7.3You acknowledge that it is not Kinokuniya's policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that Kinokuniya does not endorse and shall not be responsible for any such content.
7.4You acknowledge and agree that Kinokuniya does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and Kinokuniya hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites.
7.5You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and Kinokuniya shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
7.6You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of these Website Conditions, contain viruses or cause you damage. While we will remove any such User Content brought to our notice, you acknowledge and agree that we cannot be responsible or liable for any User Content, and you agree to exercise access and use User Content only at your own risk and with care and discretion.
7.7You also acknowledge and agree that some Services may enable other users to upload User Content to the Site and that some of these may be offensive, annoying, unlawful, in breach of these Website Conditions, contain viruses or cause you damage. While we will remove any such User Content brought to our notice, you acknowledge and agree that we cannot be responsible or liable for any User Content and you agree to exercise access and use User Content only at your own risk and with care and discretion.
7.8You agree that:
7.8.1Kinokuniya shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site, Services or Products without providing any explanation whatsoever; and
7.8.2access to or the operation of the Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors,
and in any such event, Kinokuniya shall not be liable for any loss, liability or damage which may be incurred as a result.
7.9In no event shall Kinokuniya be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Kinokuniya Content, User Content, Services, Products, Third Party Products, any Computers, the Site, or any other website. In the event that Kinokuniya is found liable in a Court of law to pay you damages despite the foregoing provision, you agree that Kinokuniya's aggregate liability to you for any and all causes of action, shall not exceed the sum of A$ 100.00 (One Hundred Australian Dollars).
7.10Under no circumstances, including, but not limited to, negligence, shall Kinokuniya be liable for any indirect, special, consequential, or incidental losses that result from the use of, or the inability to use by you, the Kinokuniya Content, Services, Products, Third Party Products, Site, or any other website, even if Kinokuniya or a Kinokuniya authorised representative has been advised of, or should have foreseen, the possibility of such damages.
7.11You agree that the above exclusions and limitations of liability enable the Services and the Kinokuniya Content to be provided by Kinokuniya at either reasonable costs or no costs to you.

8.Linked Sites
8.1Kinokuniya may from time to time provide links to other sites ("Linked Sites") that may be of relevance and interest to users. Kinokuniya has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim you may possibly have against us with respect to your using or surfing the Linked Sites.

9.Data Use & Privacy
9.1Please do not submit any personal information or data without first reading our Privacy Policy which explains our data use and privacy practices in detail.

10.Termination
10.1You agree that Kinokuniya has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your Account and/or your access to all or any part of the Site or Services, without providing any reason whatsoever.

11.Notification of Infringement
11.1Kinokuniya reserves the right to investigate notices of copyright, trademark and other intellectual property infringement ("Infringement") in respect of Kinokuniya Content, User Content and other material on the Site ("Infringing Material") and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify Kinokuniya in writing immediately ("Infringement Notice").
11.2All Infringement Notices shall be sent to Kinokuniya addressed as follows:
    Kinokuniya Book Stores of Australia Pty. Ltd.
The Galeries
Level 2, 500 George Street
Sydney NSW 2000
Tel: (02) 9262 7996
Fax: (02) 9283 1055
webstore-aus@kinokuniya.com
11.3Kinokuniya will in response to all Infringement Notices submitted in the above manner remove the Infringing Material from the Site. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against Kinokuniya in respect of any Infringing Material, unless you have first given Kinokuniya the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter Kinokuniya refuses or fails to remove the Infringing Material within a reasonable time. Where Kinokuniya removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Kinokuniya under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by Kinokuniya.
11.4You acknowledge and agree that Kinokuniya has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.

12.Appropriate for Local Content Only
12.1This Site is owned and operated by Kinokuniya in Singapore. Kinokuniya makes no representation that the Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent such local laws are applicable.

13.Indemnity
13.1You agree to indemnify and hold Kinokuniya, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
13.1.1any use of the Site or any Service;
13.1.2your connection to the Site;
13.1.3your breach of any terms and conditions of these Website Conditions;
13.1.4your violation of any rights of another person or entity; or
13.1.5your breach of any statutory requirement, duty or law.

14.Severability
14.1If any provision of these Website Conditions is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Website Conditions shall continue in force save that such provision shall be deemed to be deleted.

15.Relationship of Parties
15.1Nothing in these Website Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between Kinokuniya and you and neither party shall have any authority to bind the other in any way.

16.Waiver
16.1No waiver of any rights or remedies by Kinokuniya shall be effective unless made in writing and signed by an authorised representative of Kinokuniya.
16.2A failure by Kinokuniya to exercise or enforce any rights conferred upon it by these Website Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

17.Rights of Third Parties
17.1Except as provided for in Clause 13, a person or entity who is not a party to this Agreement shall have no right to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.

18.Force Majeure
18.1No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
18.2For purposes of this Agreement, a "Force Majeure Event" is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party's country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.

19.Governing Law & Jurisdiction
19.1These Website Conditions and all matters relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of Australia.
19.2You hereby agree to submit to the non-exclusive jurisdiction of the Australian courts.

BOOKS KINOKUNIYA ONLINE STORE TERMS ‌& CONDITIONS OF SALE

1.Definitions
1.1In these Conditions, the following terms shall have the respective meanings specified below unless the context otherwise requires:
"Kinokuniya" means Kinokuniya Book Stores of Australia Pty Ltd.
"Buyer" means the person or legal entity identified in the Order as the purchaser of the Products.
"Card" means one of the following credit cards: VISA and MasterCard.
"Card Company" means the applicable payment and Card processing entity for the relevant Card.
"Conditions" means these Terms and Conditions.
"Contract" means a contract for sale between Kinokuniya and the Buyer of the Products formed in accordance with Clause ‎3.3.
"Defective Product" is defined in Clause 6.2.
"Force Majeure Event" means any event or circumstance the occurrence and the effect of which Kinokuniya could not reasonably prevent or avoid including:
(1.1.i)explosion, fire, flood, war, earthquake, storm or other natural disasters;
(1.1.ii)war, declared or undeclared, sabotage, insurrection, terrorist or criminal acts, riot or civil disturbance;
(1.1.iii)import or export regulations or embargo or requisition restrictions regulations bye-laws prohibition or any acts or measures or any intervention of any governmental or regulatory authority;
(1.1.iv)epidemic, quarantine restrictions, outbreak of disease or any travel restrictions or bans (including bans on non-essential travel) issued by the World Health Organisation or any governmental authority;
(1.1.v)strike, lock-out, work stoppage or other industrial action or trade dispute (whether involving employees of Kinokuniya or any other person); and
(1.1.vi)any default act or omission on the part of Kinokuniya's suppliers or sub-contractors.
"Online Store" means the Kinokuniya online store currently accessible at https://australia.kinokuniya.com/.
"Order" means an online order placed via the Online Store by a Buyer with Kinokuniya for the Products in accordance with these Conditions.
"Parties" means Kinokuniya and the Buyer and "Party" means any one of them.
"Product" means a product or service listed at the Online Store for which Kinokuniya invites Orders in accordance with these Conditions.
"Product Warranty" is defined in Clause 9.
"Substitute Product" is defined in Clause 5.4.
"Third Party Product" means a Product which is not a KINOKUNIYA branded Product.
1.2Words using the singular or plural number also include the plural or singular number.
1.3Any reference to a "person" or "entity" includes a reference to an individual, a sole-proprietor, a partnership, an unincorporated association and a company.
1.4Any reference to a "Clause" is to a clause of these Conditions.
1.5The headings in these Conditions are inserted for convenience only and shall be ignored in construing these Conditions.
1.6A reference to the word "include" or "including" shall not be construed as having any limiting effect.

2.Application and effect
2.1These Conditions shall govern the sale of the Products listed at the Online Store by Kinokuniya to the Buyer, save where Buyer has signed a separate purchase agreement with Kinokuniya, in which case the terms and conditions of the separate agreement shall govern.
2.2By ordering the Products and/or accepting delivery of the Products described on the Invoice, the Buyer agrees to be bound by and accepts these Conditions.

3.Orders, price and payment
3.1Buyer shall indicate the Products it wishes to order and the quantity required, at the price specified by Kinokuniya at the Online Store, by placing an Order on the designated online form at the Online Store and providing to Kinokuniya all necessary information as may be required by Kinokuniya at the Online Store.
3.2All Orders made by the Buyer for one or more Product(s) shall be deemed to be an offer made by the Buyer to purchase such Product(s) upon the terms of these Conditions and for the selected Products and quantities set out in the Order. All Orders shall be subject to acceptance by Kinokuniya.
3.3Kinokuniya may accept an Order by:
3.3.1contacting the Buyer by telephone, email or other mode of communication within a reasonable time after Buyer has made the Order, to accept and confirm the price, quantity, and delivery date and time of the Product(s) ordered by the Buyer; or
3.3.2delivering the Product(s) ordered to the Buyer,
and upon such acceptance, a binding Contract shall be formed upon the terms set out in these Conditions, the terms of the accepted Order (excluding any terms which are not accepted by Kinokuniya), and such other terms and conditions as Kinokuniya may impose as a condition of its acceptance. For the avoidance of doubt, no Contract shall come into existence unless and until the Order has been accepted by Kinokuniya in the manner set out in this Clause 3.3. Processing of Card payment for an Order shall not in itself constitute acceptance of the Order by Kinokuniya, provided that where an Order is rejected by Kinokuniya, any payment made for such Order shall be reversed or refunded by Kinokuniya.
3.4Kinokuniya shall be entitled to:
3.4.1decline to accept or reject the Buyer's Order in whole or in part without assigning any reason; or
3.4.2delay or defer delivery of any Order in whole or in part due to Product unavailability, low inventory levels, or for any other reason.
3.5Kinokuniya shall not be liable for any errors in the pricing or specification of Products ordered by the Buyer that may appear at the Online Store. The price to be paid by the Buyer for all Products shall be Kinokuniya's current selling price on the date of receipt by Kinokuniya of the Order, which may or may not be correctly reflected at the Online Store.
3.6Unless otherwise agreed by Kinokuniya in writing, payment for the Products shall be made by the Buyer in full by Buyer's valid Card before physical delivery of Products.
3.7The Buyer warrants that it is ordering Products for its own use only and not for re-sale or export purposes.
3.8The Buyer shall bear all shipping and handling charges (where applicable), as well as all applicable taxes (including but not limited to Goods and Services Tax) at the prevailing rates.
3.9All Card payments are subject to the approval of the Card Company and the relevant paying bank. Kinokuniya shall not be liable in any way if the Card Company or the paying bank refuses to process or accept any Card or Card particulars for any reason.
3.10The Buyer agrees to submit to Kinokuniya and its payment service provider such Card information and other personal and delivery information as may be reasonably requested by Kinokuniya or its payment service provider to process the Order, payment for the Order, and to arrange for delivery and invoicing. All information submitted shall be subject to Kinokuniya's Privacy Policy. Kinokuniya shall require its payment service provider to keep such information confidential and not use the same for any purpose other than to carry out its services, provided Buyer agrees that Kinokuniya shall not be liable for any loss, damage, or liability in the event of any unauthorised disclosure of such information by its payment service provider.
3.11Kinokuniya reserves the right to exercise its lawful remedies if a dispute or issue arises over Card payments, or if it does not receive full payment for an Order. In particular, but without limitation to any other remedies, if the Card Company or the paying bank rejects or reverses payment for an Order, Kinokuniya may in its discretion:
3.11.1reject such Order, or suspend or cancel delivery of such Order;
3.11.2repossess the Products if delivered; or
3.11.3claim against the Buyer for the full price of the Order as a debt.
3.12Kinokuniya shall be entitled to set-off and deduct from any refund due to the Buyer all sums owed by the Buyer to Kinokuniya under any and all Contracts and other agreements.

4.Title and risk
4.1Risk in the Products shall pass to the Buyer upon delivery of the Products to Buyer.
4.2Title in the Products shall not pass to Buyer until receipt by Kinokuniya of full and final payment for the Products.

5.Order delivery and cancellation
5.1The Buyer shall designate in the Order the preferred method of collection of the Order – postal or self-collection.
5.2Subject always to Kinokuniya acceptance of the Order,
5.2.1Where the postal option is selected:
(5.2.1.i)Kinokuniya shall post the Products to such place of delivery as may be designated by the Buyer and agreed to by Kinokuniya. If no one is available at the delivery address to receive the Products, Kinokuniya's delivery agent will leave an "unable to deliver" card at the address and the Buyer should follow the directions on that card to obtain delivery of the Products.
(5.2.1.ii)The Buyer shall bear and pay to Kinokuniya:
(5.2.1.ii.a)the postal and shipment charges set out at the Online Store for all Orders;
(5.2.1.ii.b)the postal, shipment and administrative costs of any delivery of Product(s) which is rejected by the Buyer, where such rejection is not made pursuant to an express right of the Buyer under these Conditions.
5.2.2Where the Buyer opts for self-collection of the Products the Buyer shall collect the Products at Kinokuniya's bookstore address located on Level 2, The Galeries, 500 George Street, Sydney.
5.3Any postal or collection dates provided by Kinokuniya are estimates only and shall not form part of the Contract. Kinokuniya shall not be liable for any loss, damage, cost or expense for any failure to meet any given shipment, delivery or collection date, howsoever caused. If Buyer's Order has not been delivered within a reasonable time, the Buyer should contact Kinokuniya at:
    Kinokuniya Book Stores of Australia Pty. Ltd.
The Galeries
Level 2, 500 George Street
Sydney NSW 2000
Tel: (02) 9262 7996 Fax: (02) 9283 1055
Email address: webstore-aus@kinokuniya.com
    Operation Hours:Mon - Wed, Fri 10.00am - 7.00pm
    Thu 10.00am – 9.00pm, Sun 11.00am - 6.00pm
5.4Kinokuniya reserves the right from time to time, without liability or prior notice, to withdraw or cease to make available any or all Products from the Online Store, or to:
5.4.1change its prices or specifications of any Product; or
5.4.2deliver a Product which has similar functionality as any Product ordered with minor differences in specifications,
(each a "Substitute Product"). The Buyer shall be deemed to have accepted such changes and differences if the Buyer accepts delivery of a Substitute Product.
5.5An Order may be cancelled by the Buyer prior to shipment of the Products by Kinokuniya, provided always that:
5.5.1the Buyer must contact Kinokuniya to request Kinokuniya for cancellation immediately;
5.5.2Kinokuniya will endeavour to accommodate the Buyer's request, if the Products have not been shipped; and
5.5.3the Buyer shall pay any cancellation fees which may be imposed by Kinokuniya.
5.6If an Order has already been shipped, no cancellation or refund will be permitted.
5.7The Buyer acknowledges that Kinokuniya's liability to deliver the Products to the Buyer pursuant to the Contract is subject to the availability of the Products from Kinokuniya's usual sources of supply. The Buyer further acknowledges that Kinokuniya retains absolute discretion as to the order of priorities in which any Products are delivered to Kinokuniya's customers.
5.8Kinokuniya may deliver the Products by instalments. Each separate instalment shall be regarded as a separate Contract, and invoiced and paid for in accordance with these Conditions.
5.9Kinokuniya reserves the right to make only partial delivery of an Order.

6.Acceptance of Products
6.1In so far as the Products are books are sold as perfect unless otherwise expressed; if upon collating any should prove defective the Buyer shall be at liberty to take or reject them provided they are returned within seven (7) days after the conclusion of the sale
6.2The conditions of clause 6.1 do not apply to manuscripts and antiquarian texts and materials which must betaken with all faults and errors of description. All other Products shall only be eligible for replacement if it fails to function or operate, is damaged or is not the Product specified to be supplied in the Order.
(such product being a “Defective Product”).
6.3The Buyer must report any Defective Product to Kinokuniya by contacting:
    Kinokuniya Book Stores of Australia Pty. Ltd.
The Galeries
Level 2, 500 George Street
Sydney NSW 2000
Tel: (02) 9262 7996 Fax: (02) 9283 1055
Email address: webstore-aus@kinokuniya.com
    Operation Hours:Mon - Wed, Fri 10.00am - 7.00pm
    Thu 10.00am – 9.00pm, Sun 11.00am - 6.00pm
6.4If Kinokuniya considers the Product to be a Defective Product, Kinokuniya will contact the Buyer with the procedure for return and replacement. The Buyer must produce the tax receipt together with the Defective Product in its original delivered condition and packaging.
6.5Kinokuniya reserves the right to refuse any return or replacement of a Defective Product if:
6.5.1The Buyer is unable to produce the Product details or tax receipt;
6.5.2The Defective Product is a Third Party Product and Kinokuniya is not authorised by the supplier to process returns or replacements; or
6.5.3The defect is the result of:
(6.5.3.i)improper use or mismanagement by Buyer;
(6.5.3.ii)operation of the Product other than in accordance with the operating manual or instructions;
(6.5.3.iii)use of the Product in a manner not reasonably contemplated by Kinokuniya;
(6.5.3.iv)modification of the Product not authorised by Kinokuniya;
(6.5.3.v)use of consumables, parts, or peripherals which are not original, in conjunction with the Product;
(6.5.3.vi)subjection of the Product to unusual or unrecommended physical, environmental or electrical stress;
(6.5.3.vii)use of Product by a person other than Buyer; or
(6.5.3.viii)Buyer's failure to comply with any terms of these Conditions.

7.Controls and restrictions
7.1Certain countries impose censorship, controls and prohibitions, customs, import, export and/or other regulatory requirements and restrictions on Products. The Buyer shall be responsible for ensuring that all Products in the Order are and will be compliant with any such requirements at its own cost and expense. Kinokuniya shall not be liable for any non-delivery or delay in delivery of any Product which fails to meet such requirements or which is intercepted by any government or regulatory authorities.

8.Software
8.1All rights, title and interest in and to any software installed in the Products shall remain with Kinokuniya or the relevant manufacturer and licensor(s), as applicable. All software provided is subject to the terms and conditions of the license agreement relating to that software. Warranties (if any) for any software are restricted to those contained in the licence agreement and given by the original manufacturer and/or publisher. The Buyer accepts and acknowledges that Kinokuniya is not in a position to provide and gives warranties for any software under these Conditions.

9.No Warranties
9.1Kinokuniya gives no warranty in respect of any Kinokuniya Product, express or implied, including any implied warranties of merchantability, satisfactory quality, compliance with description and fitness for a particular purpose. Kinokuniya's sole liability for any defects in any Kinokuniya Product is set out in Clause 6.
9.2Kinokuniya gives no warranties in respect of any Third Party Products, and all warranties express or implied in respect of Third Party Products, including any implied warranties of merchantability, satisfactory quality, compliance with description and fitness for a particular purpose, are hereby excluded. Third Party Products including software, hardware, peripherals and accessories are covered by the warranties (if any) provided by the original manufacturer, licensor or publisher only.

10.Exclusion & limitation of liability
10.1In no event shall Kinokuniya be liable to the Buyer or any third party for any indirect, special, consequential, exemplary or punitive loss or damage for any breach of these Conditions, including but not limited to loss of profits, loss of business or goodwill, loss of use, or any claim by any third party, even if Kinokuniya has been advised of the possibility of such loss or damage.
10.2If any service (including but not limited to installation of any Product) is performed by any third party, Kinokuniya shall not be liable for any act, neglect, omission or wilful default of such third party, regardless of whether such third party is authorised by Kinokuniya.

10.3The total liability of Kinokuniya to the Buyer for any and all claims whether by the Buyer or by any other person and howsoever arising in connection with or arising out of the sale, supply, delivery, possession, replacement or use of a Product or resulting from the breach of the Contract and/or these Conditions by Kinokuniya shall not in any event exceed the price of the Product giving rise to such claims.
10.4Nothing in these Conditions shall limit or exclude Kinokuniya's liability for death or personal injury caused by Kinokuniya's negligence.

11.Force majeure
11.1Kinokuniya shall not be liable for or be deemed to be in breach of the Contract and/or these Conditions by reason of any failure in performing any of its obligations under the Contract and/or these Conditions during any period in which performance is delayed by any Force Majeure Event.
11.2Kinokuniya shall notify the Buyer of any delay or failure arising through any Force Majeure Event and provide a revised delivery date as soon as practicable. The Buyer shall not terminate the Contract by reason of any such delay or failure.
11.3In the event that any Force Majeure Event results in a shortage of Products, Kinokuniya shall be entitled to allocate its available stock of the Products among its customers in such a manner as Kinokuniya may consider equitable and may make partial deliveries of any Products to the Buyer.

12.Amendment
12.1Kinokuniya reserves the right to change these Conditions without prior written notice at any time, at Kinokuniya's sole discretion, by posting a copy of the amended Conditions at the Online Store.
12.2Any attempt to modify, supplement or amend these Conditions by the Buyer will be null and void, unless expressly agreed to in writing by Kinokuniya.

13.Complete Contract
13.1The Contract and these Conditions represent the entire understanding between Kinokuniya and the Buyer concerning the sale and supply of the Products, and shall form the exclusive statement of all the matters covered by the Contract and these Conditions. Any and all previous course of dealings, written or oral understandings, discussions, representations, correspondence and communications between the Parties relating to the matters covered by the Contract and/or these Conditions are hereby superseded.
13.2Any term or condition of the Buyer's Order which is any way inconsistent with or in addition to these Conditions shall not be applicable or binding on Kinokuniya, unless otherwise agreed in a written agreement signed by Buyer and Kinokuniya, and any failure by Kinokuniya to object shall not be considered a waiver of these Conditions.

14.Assignment
14.1The Buyer shall not assign or otherwise transfer the Contract or any of its rights and obligations hereunder, whether in whole or in part without the prior written consent of Kinokuniya. Any such unauthorised assignment shall be deemed null and void.

15.No waiver
15.1No failure on the part of Kinokuniya to exercise, and no delay on its part in exercising, any right or remedy under the Contract will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.

16.Illegality
16.1If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.

17.Rights of Third Parties
17.1A person or entity who is not a Party to the Contract shall have no right under the Contracts to enforce any term of the Contract, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of the Contract.

18.Governing Law and Jurisdiction
18.1These Conditions shall be construed in accordance with, and governed by, the laws of Australia.
18.2The Parties hereby submit to the non-exclusive jurisdiction of the Australian courts.

19.Acceptance
19.1Please click on the "Accept" button below to indicate your acceptance of these Conditions, or the "Decline" button to discontinue the registration process.

BOOKS KINOKUNIYA ONLINE MEMBERSHIP TERMS & CONDITIONS

By clicking on the "Accept" button or checking the "Accept" box at the end of this Account registration process, you hereby agree to be bound by these Online Membership Terms and Conditions ("Membership Conditions") as well as the Books Kinokuniya Website Terms And Conditions (including our Privacy Policy) (collectively "Website Conditions") which are hereby incorporated by reference into these Membership Conditions:

1.Definitions
1.1All defined terms in the Website Conditions, apply to these Membership Conditions unless specifically defined in these Membership Conditions.

2.User ID, Password, Account Information
2.1You agree that your Account is for your sole, personal use (or that of the entity on whose behalf you are enrolling as a Member herein and registering an Account). You hereby agree not to:
2.1.1share with or permit others to use your Account; or
2.1.2assign or otherwise transfer your Account to any other person or entity.
2.2You shall provide Kinokuniya with accurate, complete, and up-to-date Account information. Failure to do so shall constitute a breach of these Membership Conditions, which may result in the restriction, suspension or immediate termination of your Account.
2.3As part of the registration process for the Account, you will select a password ("Password") and e-mail address ("User ID"). You may not:
2.3.1select or use a User ID of another person with the intent to impersonate that person;
2.3.2use a name over which another person or entity has rights without his, her or their authorisation; or
2.3.3use a User ID that Kinokuniya, in its sole and absolute discretion, deems inappropriate, offensive or illegal.
2.4You shall promptly notify Kinokuniya of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your Password. You shall be solely responsible for safeguarding and maintaining the confidentiality of your User ID and Password.
2.5Whilst we have adopted all possible security measures to protect your personal data against accidental loss or unlawful destruction, alteration, unauthorized disclosure or access, however, for your protection of your personal data, it is advisable that your computer, laptop or notebook be provided with software devices that protect network data transmission/receipt (such as updated antivirus systems) and that your internet service provider take appropriate measures for the security of network data transmission (such as, for examples, firewalls and anti-spam filtering).
2.6You shall be bound by and responsible for, and Kinokuniya shall be entitled to rely on, all communications transmitted through the use of your User ID and Password, and all such communications shall be deemed to be communications made and issued by you.
2.7You shall be responsible for all User Content, messages, and all online activity at the Site transmitted or conducted through the use of your User ID and Password.
2.8Kinokuniya shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful, unauthorised or fraudulent use of your User ID and Password.
2.9You undertake to keep your Account information updated at all times such that it is accurate, current and complete. To change or update your Account information, please click the Your Account under Your Page located on the upper right side of most pages on this Site.
2.10You agree that Kinokuniya reserves the right to change or re-assign User IDs and/or Password(s) at its sole discretion by giving you notice. Kinokuniya shall not be liable for any loss, damage, cost or expense incurred by you as a result of such change or re-assignment.

3.Use of Account Information
3.1By providing the information requested for your Account, you hereby consent to Kinokuniya's use and disclosure of all such information for the purposes set out in our Privacy Policy.

4.Suspension and Termination of Account
4.1You agree that Kinokuniya has the right in its sole and absolute discretion and without notice to:
4.1.1restrict, suspend, or terminate your access to all or any part of the Services; and/or
4.1.2terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account,
without assigning any reason. Without prejudice to the generality of the above, Kinokuniya reserves the right to deactivate your Account if it has been inactive for a period of six (6) months or more, or if you are in breach of any of our Website Conditions or these Membership Conditions or if Kinokuniya believes that you have been using the Account for unlawful and/or undesirable and/or political activities.
4.2You agree not to hold Kinokuniya liable or responsible for any loss or damage suffered by you arising out of or in connection with the termination, deactivation, reactivation, suspension or deletion of your Account.

5.Member Obligations
5.1You represent and warrant that you have read and agree to be bound by our Website Conditions and these Membership Conditions.
5.2You acknowledge that the Site and Services are used by an electronic community of users, and you hereby agree and undertake:
5.2.1to treat all users with respect and civility;
5.2.2not to annoy, pester, solicit, harass, threaten, offend, insult, abuse, defame, or injure any other users, or commit any unlawful or tortious acts against other users or engage in any political activity in whatever form;
5.2.3not to spam, mail bomb, send viruses, spyware, malware, worms or other damaging computer programs or material to other users, or act in any manner that adversely affects the use of the Services by other users or cause harm to the other users;
5.2.4not to harvest or otherwise collect personal data or information about users, including email addresses, without Kinokuniya's prior written consent.
5.3Any infringing, fraudulent, abusive, political or otherwise illegal activity, or any breach of the Website Conditions or these Membership Conditions, shall be grounds for termination of your use of the Site and Services and/or your Account, at Kinokuniya's sole and absolute discretion, and you may be reported to appropriate law-enforcement agencies.
5.4Without prejudice to Kinokuniya's rights of restriction, suspension and termination under Clause 4, Kinokuniya reserves the right to terminate your Account and/or your access to all or any part of the Site or Services if you are in breach of any of these Membership Conditions or the Website Conditions or if Kinokuniya believes that you have been using the Site or any of the Services for unlawful and/or undesirable activities.
5.5You agree to indemnify and hold Kinokuniya, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
5.5.1any User Content placed by you;
5.5.2your use of any Services;
5.5.3your breach of warranty, or breach of any terms and conditions of these Membership Conditions; or
5.5.4your misrepresentation, fraudulent acts, tortious acts, breach of contract, or violation of any rights of another person or entity.

6.User Content & Licence
6.1Please exercise respect when participating in any community feature on the Services which permits you to upload or submit User Content.
6.2You may not submit, upload or publish on the Site or through Kinokuniya:
6.2.1any User Content that is inaccurate, misleading, libellous, defamatory, threatening, pornographic, an invasion of privacy, obscene, indecent, lewd, crude, abusive, improper, illegal, political, racist, religious, blasphemous, offensive, false, misleading, an infringement of any intellectual property or other rights of a third party, or would otherwise violate or encourage the violation of any law or the proprietary or other rights of any third party;
6.2.2any User Content that solicits funds, or includes programs that contain viruses, Trojan horses, malware, worms, time bombs, spam or any other programs designed to impair the operation and functionality of the Site, Services, Servers, or any computer; or
6.2.3without the relevant third party owners' permission, any links to third party websites or use any third party trade marks,
(individually and collectively "Improper Works").
6.3If, at any time you upload or post User Content to the Site you automatically:
6.3.1grant Kinokuniya, its affiliates, subsidiaries and subcontractors (including its Internet content hosting servers and delivery networks) a non-exclusive, royalty-free, irrevocable, perpetual and worldwide licence to use (including without limitation, to store, reproduce, modify, distribute, publish, display, communicate, transmit, broadcast, podcast, or webcast) and to sub-licence the User Content whether or not in connection with the provision of the Services and/or on or via the Site, other websites, and other printed and online publications and newspapers;
6.3.2represent and warrant that:
(6.3.2.i)all User Content are your own original works and creations and do not and will not infringe the copyright or any other intellectual property or other rights of any third party;
(6.3.2.ii)none of the User Content are proprietary or confidential;
(6.3.2.iii)none of the User Content are Improper Works, nor will they expose Kinokuniya to any civil or criminal proceedings in any part of the world; and
(6.3.2.iv)the use by Kinokuniya and other users for the purposes and in the manner set out in this Clause 6.3, and the hosting of the User Content on the Servers by Kinokuniya will not require any further licences from, or infringe any intellectual property or other rights of, any third party.
6.4Kinokuniya at all times retains the sole discretion to remove or decline to accept any User Content from the Site without assigning any reason whatsoever. Without limiting the foregoing right, Kinokuniya may monitor the Site for Improper Works (but is not obliged to do so) and reserves the right to remove any User Content which Kinokuniya believes are Improper Works, or which is the subject of any dispute.
6.5You agree to indemnify and hold Kinokuniya, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of any User Content or Improper Works you submit, post to or transmit through the Site or Services.
6.6The copyright and intellectual property rights in all User Content which belong to you prior to uploading on this Site shall be retained by you, subject to the licences granted by you under these Membership Conditions (including under Clause 6.3), and subject to Kinokuniya's rights in the compilation of all User Content.

7.Use of Services
7.1General
You acknowledge and agree that:
7.1.1Some Services are subject to further terms and conditions or the execution of a separate contract between Kinokuniya and yourself.
7.1.2Kinokuniya shall be entitled at any time, at its sole discretion and without prior notice, to:
(7.1.2.i)add to, vary, terminate, withdraw or suspend the whole or any part or feature of any Service; and/or
(7.1.2.ii)add new Services.
7.1.3Where new Services are added, these Membership Conditions and the Website Conditions will also apply to such new Services, in addition to any further terms and conditions notified to you.
7.2Online Ordering of Products
7.2.1The terms and conditions governing online ordering of Products can be found at Online Store Terms & Conditions and are hereby incorporated by reference into these Membership Conditions.

8.Fees
8.1The initial registration with the Site is free.
8.2Kinokuniya may offer the use of any Service, subject to payment of a fee or other charges to Kinokuniya. If you wish to use such Service, you shall make full and prompt payment to Kinokuniya of the applicable fees in accordance with the payment terms specified by Kinokuniya at the point of transaction. Unless otherwise stated, all fees are quoted in Australian Dollar.
8.3You acknowledge and agree that Kinokuniya in its sole and absolute discretion, may now or in the future impose a fee or vary any fee for any Service by notifying you.
8.4If you do not agree to make payment of such fee or varied fee after being notified, you may close your Account and discontinue your access of the Service.
8.5In the event that Kinokuniya terminates or withdraws the operation of any Service, Kinokuniya shall refund any fees paid by you to Kinokuniya, on a pro-rated basis for the remaining and unexpired portion of the term for such specific and relevant transaction.
8.6If your Account is terminated at any time by Kinokuniya for breach of the Agreement, or if you cancel any payable Service, you shall not be entitled to any refund of any fees that have been paid to Kinokuniya.

9.Evidence
9.1You hereby agree that:
9.1.1all records of Kinokuniya relating to the Services, your use or access of the Services or the Site, your Account, your particulars, any Content, or this Agreement (collectively "Records"), though in electronic form, are written documents, and you shall not dispute or challenge the validity or enforceability of any Record on the grounds that it is not a written document, is in electronic form, or was produced by or is the output of a computer system, and you hereby waive any such right you may have at law; and
9.1.2the Records, though in electronic form, are original documents, and you will not challenge the admissibility of any Record on the grounds that it is made in electronic form.

10.Acceptance
10.1Please click on the "Accept" button below to indicate your acceptance of these Membership Conditions, or the "Decline" button to discontinue the registration process.