Terms and Conditions
This site is owned and operated by The BentoNet. Australian and international copyright, trademark, and intellectual property laws protect the material on this site.
UNLESS EXPRESSLY PERMITTED BY THIS SITE apart from any fair dealing for the purposes of study, research, criticism or review as permitted under the Copyright Act 1968 (Cth), no part of this site may be modified, copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Unless otherwise stated material from the site may be printed or downloaded for personal use only and all copyright and other proprietary notices must be kept intact.
BENTONET BOOK PURCHASER AGREEMENT
1.1 You should read these Terms and Conditions carefully. In these Terms and Conditions the words, “BentoNet”, “Company”, “we”, “our” and “us” refer to BentoNet Pty Ltd Pty Ltd (ABN 74609706112) trading as BentoNet,and includes its directors, employees and agents; and "you" or "your" means the person who accepts these Terms and Conditions, by using the Site and associated software, networks and processes, including the purchase of goods or services, through the Site.
1.2 These Terms and Conditions apply to you, the Site user and your usage of the Site and associated software, networks and processes, including the purchase of Print-On-Demand services offered through participating Bookstores.
1.3 By browsing the Site, or placing an Order, you agree to these Terms and Conditions.
2.1 In these Terms and Conditions:
“Agreement” or “Terms and Conditions” means these Terms and Conditions, including all the terms of any Order placed by you the user through the Site (if applicable).
“Books” means a written work that is printed and bound.
“Bookstore” refers to a bookstore that processes orders through the Print-On-Demand service.
“Customer” means the person or legal entity identified in a BentoNet invoice or sales document.
“Intellectual Property” means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including still images, and audio and audio-visual media).
“Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Site.
“Order” means an order for one or more Books placed by a Customer through the Site.
“POD Provider” means the nominated Print-On-Demand Service Provider selected by us for Print-On-Demand Services, which at the date of this agreement is IngramSpark.
“Processing Fees” refers to the costs reasonably incurred by BentoNet in handling a Customer’s order that are payable by the Customer, including a service fee of 10% of the total purchase price.
“Print-On-Demand”means the use of the nominated Print-On-Demand Service Provider’s cloud based software to print a publisher’s works.
“Publisher” means a company that prepares books and written works for sale.
“Site” means the Internet site located at the URL: http://www.theBentoNet.com/ and operated by BentoNet.
2.2 Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
3 Site Use
3.1 You must ensure that your access to, or use of the Site is not illegal or prohibited by laws which apply to you.
3.2 You must take your own precautions to ensure that your process for accessing the Site does not expose you to risk of viruses, malicious computer code or other forms of interference, which may damage your computer system. BentoNet takes no responsibility for any such damage, which may arise in connection with your use of the Site.
3.3 You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
3.4 You may not use one email address to register for multiple accounts.
3.5 You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
3.6 BentoNet may stop (temporarily or permanently) providing access to the Site to you, or to guests or members generally, at our discretion and without prior notice to you.
3.7 We may in our sole discretion terminate your account or restrict your access to the Site. If we do this, you may be prevented from accessing all or parts of the Site, your account details or other content contained in your account. We will not be liable to you or any third party for doing so. We may impose limits or restrictions on the use you may make of the Site. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, we may withdraw the Site, or change or remove Site functionality at any time without notice to you.
3.8 The Site may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. BentoNet will not be responsible for the content or privacy practices associated with linked websites.
3.9 You agree that you will not engage in any activity that interferes with or disrupts the Site or the servers and networks that host the Site. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Site or the content.
4 Legal Capacity
4.1 You must be 13 yearsof age or over to register as a member of the Site and 18 years of age to purchase Books from the Site.
4.2 Any Order and/or purchase made by you using this Site is an acknowledgement by you that you meet the specified age requirement, you accept these terms and agree that you have entered into a legal contract with BentoNet in relation to these terms.
4.3 BentoNet reserves the right to take legal action and seek compensation for any loss or damage it may suffer as a result of a transaction entered into by a minor, from the parent or guardian of a minor who causes an Order to be placed.
5.1 All prices listed on the Site are in Australian Dollars unless otherwise specified. Prices might be otherwise specified to be in British Pounds, Euros or US Dollars.
5.2 All prices listed on the Site include GST unless otherwise specified.
5.3 All prices displayed on the Site are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.
5.4 Promotional discount codes may be given at the sole discretion of BentoNet on terms and conditions notified at the time of the relevant offer.
5.5 If a discount code is entered at the checkout, it has the effect of applying a discount equally across the entire Order, including Books and associated Processing Fees.
5.6 While there are no processing fees on BentoNet, there is a 10% service charge for customers that request refunds within 48 hours of ordering.
5.7 In accordance with Australian export regulations we are prohibited by law from identifying an Order as a “gift” for export purposes, even if you have placed the Order with the intention of delivery to a gift recipient.
5.8 BentoNet reserves the right to refuse a sale.
6 Product Specifications
Features and characteristics of Books described or depicted on the Site are subject to change without notice.
7.1 You may place an Order by filling in the Order Form on the Site and clicking the "confirm" button.
7.2 Orders will be deemed to have been received by BentoNetat the time BentoNet sends an Order confirmation to your nominated e-mail address.
7.3 You should take care when submitting an Order. However, refunds can be arranged if BentoNet are notified within 48 hours of the order being placed. If the customer seeks a refund when Books are not defective, BentoNet retains the 10% service charge. If the Bookstore has already placed the order within those 48 hours, the Bookstore may choose whether to refund the order. Otherwise, it may offer the customer an alternative book from its own stock of an equivalent or lesser value.
7.4 Offers for Books made by BentoNet on the Site do not constitute an offer to sell but an invitation to treat. By placing an Order, you make an offer to us to purchase the Books you have selected based on these Terms and Conditions.
7.5 BentoNet is an online business and will primarily communicate with customers via e-mail. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
7.6 Each Order (once confirmed) represents a separate agreement.
7.7 BentoNet reserves the right to not accept or to cancel Orders that request commercial quantities of Books.
7.8 BentoNet, at its sole discretion, may cancel your Order at any time prior to dispatch of the Books.
7.9 In the event of a cancelled Order, funds paid in relation to that Order will be refunded as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.
7.10 BentoNet accepts no responsibility for Orders that are declined or not accepted due to disruptions with Internet connections.
8.1 You can pay for your Order by PayPal or Credit Card on the electronic Order form on the Site.
8.2 Payment for Orders will be processed immediately upon confirmation of your Order.
8.3 You acknowledge that BentoNet may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
8.4 If your nominated payment method triggers BentoNet internal suspect transaction protocols, BentoNet may contact you to confirm additional details, or rescind the transaction. In this case, until your Order has passed our fraud prevention protocols your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, your Order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
9 Delivery and ownership of the Books
9.1 BentoNet tries to ensure that all Books are delivered in a prompt and timely manner. However, from time to time it is possible factors outside our control may result in delays. BentoNet does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
9.2 For Print-On-Demand services:
(2.a)When completing your order, cloud based software will make the Books available for printing by Print-On-Demand services. The customer must select a participating Bookstore. Once a Bookstore has been selected, and the order is completed, this Bookstore will arrange with the POD Provider, within 2 business days, for the book to be printed and the customer has two choices to receive their printed Books:
(2.a.i)The customer may collect the Books, in person, from the nominated Bookstore; or
(2.a.ii)The Customer may request Delivery to their nominated address. If the Customer selects this option, the logistics surrounding this delivery will be handled by the Bookstore.
(2.b)The Customer acknowledges and agrees that BentoNet is not responsible for the delivery times of Books. Once the Books have been made available for printing, it is the customer's responsibility to liaise with theselected Bookstore directly in relation to the time required for printing and delivery. If the Customer opts to collect the Books in person, the Bookstore will advise on an appropriate time during business hours.
10 Non refundable processing fees and handling costs
You acknowledge and agree that any Processing Fees or handling costs paid by you for any Books purchased through BentoNet are non-refundable and under no circumstances will BentoNet refund (or be required to refund), these fees or any costs associated with delivery.
11 Refunds and returns
11.1 Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.
11.2 If Books you purchased:
(2.a)are not of acceptable quality;
(2.b)are not fit for their purpose; or
(2.c)do not match their descriptions,
You may have rights under the Australian Consumer Law to have the Books repaired or replaced or have the price You paid for the Books refunded.
11.3 If Books are damaged on delivery, then you should refuse to take receipt of those Books and notify the Bookstore immediately. If you notice damage to Books after delivery, you should notify BentoNet immediately and they will arrange for return of the Books in accordance with these Terms and Conditions.
11.4 If there is an error in printing and Books do not match the product ordered, BentoNet will recoup costs from the POD Provider and provide a full refund.
11.5 You must comply with directions from BentoNet staff to facilitate a return.
11.6 Where you are returning Books to BentoNet because of our failure to comply with a consumer guarantee, you must return the Books to BentoNet at your cost unless the Books cannot be returned, removed or transported without significant cost to you because of:
(6.a)the nature of our failure to comply with the consumer guarantee; or
(6.b)the size, height or method of attachment of the Books.
Where you are returning Books to the Bookstore, we take no responsibility for Books lost in transit.
11.7 Refunds may take up to 10 business days to be processed.
11.8 Other than for reasons described in this clause, all sales of Books are final and no exchange or refund will be given.
12 Intellectual Property
12.1 You acknowledge that all Intellectual Property in any Material on the Site is the property ofBentoNet, or a third party and remains the property of its respective owners. Unless expressly authorised under this Agreement or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material. These intellectual property rights are protected by Australian and international laws and nothing in this Agreement gives you a right to use any of them.
12.2 You may view the Site and its contents for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of the Site or commercialise any information obtained from any part of the Site without the prior written consent BentoNet or, in the case of third party Material, from the owner of the copyright in that Material.
12.3 You may not modify or copy the layout or appearance of the Site nor any computer software or code contained in the Site, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Site.
13 Linking to the Site
13.1 You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13.2 You must not establish a link from any website that is not owned by you.
13.3 This Site must not be framed on any other site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.
14.1 You waive, release, discharge and relinquish any and all claims that you have now or may have against BentoNet which are connected with, arise out of, relate to or are incidental to the use of the Site.
14.2 You agree to indemnify and to keep indemnified BentoNet and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred byBentoNet arising out of or in connection with your use of the Site, any breach by you of this Agreement or the use of BentoNet Books outside the Publisher’s specifications or other Product warnings or instructions (including labels) on the Site, accompanying the Books or otherwise notified to you from time to time.
15.1 You acknowledge that once BentoNet has processed the order and relayed it to:
(1.a) the Bookstore or;
(1.b)if the Bookstore cannot or fails to fulfil the order, the POD Provider,
BentoNet has fulfilled its obligations to process your purchase. Any disputes regarding refunds, the products, services, content, actions, failure to act by any Bookstore or third party in connection with the BentoNet website, other than a breach of this Agreement, are to the extent permitted by law, between you and the Bookstore.
15.2 If the Bookstore cannot or fails to fulfil the order in an appropriate time, BentoNet will fulfil the order instead and will deliver the book/s to an appropriate shipping address, at it’s own expense, provided that the shipping address is within the country from which the order was placed. BentoNet will not cover the costs for international shipments.
15.3 To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of BentoNet (in negligence or otherwise) is limited (at the option of BentoNet) to the resupply of Books, or the cost of having the Books supplied again. You agree that BentoNet shall not be held liable for any indirect or consequential loss.
15.4 To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of BentoNet(in negligence or otherwise) is limited (at the option ofBentoNet) to these Terms and Conditions.
15.5 To the extent permitted by law, typographical, clerical or other errors or omissions in sales literature, quotations, price lists, acceptances or offers, invoices or other documents or information issued by BentoNet will be subject to correction without any liability on Our part.
16.1 We gather personal information about our customers for the purposes of:
(1.a)marketing, supplying or delivering our products to you;
(1.b)carrying out repair work (both in and out of warranty repairs);
(1.c)improving and developing our products; and
(1.d)expanding our business.
16.2 BentoNet is committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with relevant law and more importantly, because we know that you care how information about you may be used and shared.
16.3 Further details about our practices relating to the collection, use, disclosure and storage of your personal information are available here: http://www.thebentonet.com.au/index.php/privacy-policy-cookie-restriction-mode/
17.1 BentoNet reserves the right to make changes to these Terms and Conditions without notice.
17.2 Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
17.3 A failure or delay by BentoNet to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by BentoNet does not preclude its future ability to exercise that or any other power or right.
17.4 This Agreement is governed by, and must be construed according to, the law of the State of New South Wales, Australia and the parties submit to the jurisdiction of the courts in that State.