KIMBERLEY BOOKSHOP WEBSITE TERMS AND CONDITIONS
Acknowledgment and acceptance
This website (Website) is owned by Kimberley Bookshop and its affiliates and subsidiary entities.
By using this Website you agree to the Terms and Conditions below (Terms and Conditions) and
acknowledge that you have read and understood and agree to be bound by these Terms and
Conditions. Kimberley Bookshop may amend these Terms and Conditions from time to time without notice. Your continued use of this Website after any amendment becomes effective constitutes an agreement by you to abide and be bound by these Terms and Conditions, as amended.
Links to other websites
This site may contain links to websites maintained by other companies and organisations. Kimberley Bookshop does not make any representation as to the accuracy of information contained on those
websites and will not accept any responsibility for the accuracy, ownership or any other aspect of the
information contained on those websites.
Unless otherwise indicated, we reserve all copyright in the content and design of this website. We own all such copyright or use it under licence or applicable law. You may make a temporary copy of part or all of this website on your local computer for the sole purpose of viewing it, and print a single hard copy of a whole page of this website for personal use, provided that any copyright notice on such page is not removed. You may not, in any form, or by any means:
§ otherwise reproduce, adapt, store in a retrieval system, transmit, print, display, perform,
publish or create derivative works from any part of the content or design of this website,
§ cause any of the Material to be framed or embedded in another website,
§ commercialise any information, products or services on this website, or
§ except with our prior consent written or as permitted by applicable copyright legislation.
We own the trade marks “KIMBERLEY BOOKSHOP” and the “Dog & Book” Device, and reserve all rights in relation to them. Other product and company names referred to on this website may be trademarks owned by third parties.
Kimberley Bookshop does not represent that any information (including any file) obtained from or through this Website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Kimberley Bookshop will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information.
Release and indemnity
You waive, release, forgive, discharge and relinquish any and all claims that you now have or may
have against Kimberley Bookshop, its related bodies corporate, directors, employee, agents and
representatives which are connected with, arise out of, relate to or are incidental to any transaction.
You agree to indemnify, defend and hold Kimberley Bookshop, its related bodies corporate, directors,
employees, agents and representatives harmless from and against any and all claims, loss, damage,
tax, liability and/or expense that may be incurred by Kimberley Bookshop, its related bodies corporate, directors, employees, agents and representatives arising out of or in connection with the performance
of its duties as described in these Terms and Conditions including the legal costs, fees and expenses
of defending itself against any claim by any or all of the parties to any transaction and/or by any other
person and/or as a result of you taking any action or refraining from taking any action or instituting or
defending any action or legal proceeding.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the
state of Western Australia. You and Kimberley Bookshop agree to submit to the exclusive jurisdiction of the courts of the state of Western Australia. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Limitation of liability
Kimberley Bookshop will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from your use or your inability to use this Website or for the cost of procurement of substitute products or services or resulting from any products or services purchased or obtained or messages received or transactions entered into through this website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this Website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Kimberley Bookshop has been advised of the possibility of such damages.
Where any Act of Parliament implies in these Terms and Conditions any term, condition or warranty,
and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or
exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall
be deemed to be included in these Terms and Conditions, however, the liability of Kimberley Bookshop for any breach of such term, condition or warranty shall be limited, at the option of Kimberley Bookshop, to any one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
The information contained on this Website is provided by Kimberley Bookshop in good faith on an "as is" basis. The information is believed to be accurate and current at the date the information was placed on this Website. None of Kimberley Bookshop, its related bodies corporate, any of their directors, officers or employees makes any representation or warranty as to the reliability, accuracy or completeness of the information contained on this website (including in relation to any products or services) and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on this Website. To the fullest extent permitted by applicable law, Kimberley Bookshop disclaims all representations and warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Kimberley Bookshop makes no warranty that the Website or any products or services advertised on the Website will meet your requirements, or that the website will be uninterrupted, timely, secure or error free.