Terms and Conditions
Terms and Conditions
Terms of Use
The use of this website to place an order automatically implies the user’s acceptance of the following terms and conditions:
To order from Grail Books Australia, a user can use several methods: by telephone (toll free), fax, email and via the online shop.
1. The transfer of information between the user and the servers of Grail Books Australia is secured by SSL encryption of data in the online store.
2. Grail Books Australia is committed to protecting data, data access, as well as access to data equipment through appropriate measures in order to protect personal information under the laws in force in Victoria and Australia (passwords, secure network access and locked premises).
3. The sole purpose of collecting the data is to conclude the sale transaction by the exchange of delivery information such as address and ordering details. Grail Books Australia does not make telephone solicitations; neither do they appoint third parties to make solicitations on their behalf. The only form of communication with users or the public is by post or email, when a user has agreed to receive an item offered for sale.
4. When ordering, your name and address are placed on a mailing list for occasional promotions or new products, if you check the box provided for this purpose. You can later have your name removed from the list if you wish, by contacting us by email. Grail Books Australia undertakes to respect the choice of the user. In a delisting, the information is destroyed on our lists and in our servers.
5. Personal information stored by Grail Books Australia (for example, in the order management software, or for the management of taxes and other administrative purposes) are saved permanently and confidentially in our accounting archives, which are entirely independent of our lists for promotional mailings or dissemination events.
6. Grail Books Australia reserves the right to terminate, modify, remove or withdraw from circulation any offer or promotion on our site without notice. However, orders placed through the online shop carry a guarantee of the price indicated thereon.
7. Unless stated to the contrary, all documents, texts, pamphlets, brochures, graphics, drawings, photographs, audio and video, names of businesses and their layout in the pages on the site are subject to copyright and trademark protection.
8. The site is administered by the Grail Movement – Australia. Data from the online store is stored on a server located in the European Union. All the content supplied to it is on the basis of these terms and conditions.
9. Grail Books Australia does not guarantee uninterrupted or error free use of the site. If an error does occur, it will be corrected according to the laws in force and the decision taken by Grail Books Australia.
10. The delivery charge for your order will be confirmed BEFORE the conclusion of the transaction. The user is always aware of the exact cost of his order before the transaction is finalized.
11. Downloads available upon purchase.
12. If you have a problem with the order, or are not satisfied, please contact us by telephone on our toll-free number and leave us your message there. We promise to respond as soon as possible, usually within 24 hours.
However, if you have a complaint or dispute that you wish to discuss, please contact the person in charge at books@grailbooks.com.
13. Returns policy. If you are not satisfied with your purchase and wish to return the merchandise, you must do so within 30 days of purchase, and return it in the original packaging. Magazine subscriptions are not refundable beyond the 10 days provided by law. Although we take great care to inspect all our merchandise to guarantee the best quality, it may well happen that a product proves to be defective. In that case, please return it to us and we will replace it free of charge.
14. Orders are usually shipped within three business days of receipt of the order.
15. This site is governed by the laws of the State of Victoria (Australia), where the headquarters of Grail Books Australia is located.
16. Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER GRAIL BOOKS AUSTRALIA, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.
B. TO THE EXTENT PERMITTED BY LAW: (1) ALL CONDITIONS, WARRANTIES, GUARANTEES, RIGHTS, REMEDIES, LIABILITIES AND OTHER TERMS IMPLIED BY STATUTE, CUSTOM OR THE COMMON LAW ARE EXCLUDED FROM THESE TERMS OF USE; AND (2) THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE.
C. SUBJECT TO PARAGRAPH D BELOW, IN NO EVENT WILL GRAIL BOOKS AUSTRALIA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE TO YOU, WHETHER IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY), FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF REVENUE, LOSS OF CUSTOMERS, LOSS OF CAPITAL, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE WEBSITE.
D. IF A SUPPLY UNDER THESE TERMS OF USE IS A SUPPLY OF GOODS OR SERVICES TO A CONSUMER WITHIN THE MEANING OF THE AUSTRALIAN CONSUMER LAW SET OUT IN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH) AS AMENDED OR REPLACED FROM TIME TO TIME (“AUSTRALIAN CONSUMER LAW”), NOTHING CONTAINED IN THESE TERMS OF USE EXCLUDES, RESTRICTS OR MODIFIES THE APPLICATION OF ANY PROVISION, THE EXERCISE OF ANY RIGHT OR REMEDY, OR THE IMPOSITION OF ANY LIABILITY UNDER THE AUSTRALIAN CONSUMER LAW, PROVIDED THAT, TO THE EXTENT THAT THE AUSTRALIAN CONSUMER LAW PERMITS GRAIL BOOKS AUSTRALIA TO LIMIT ITS LIABILITY, THEN GRAIL BOOKS AUSTRALIA's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) SHALL BE LIMITED TO: (I) IN THE CASE OF SERVICES, THE COST OF SUPPLYING THE SERVICES AGAIN OR PAYMENT FOR THE COST OF HAVING THE SERVICES SUPPLIED AGAIN; AND (II) IN THE CASE OF GOODS, THE COST OF REPLACING THE GOODS, SUPPLYING EQUIVALENT GOODS OR HAVING THE GOODS REPAIRED, OR PAYMENT OF THE COST OF REPLACING THE GOODS, SUPPLYING EQUIVALENT GOODS OR HAVING THE GOODS REPAIRED.
E. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT GRAIL BOOKS AUSTRALIA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
17. Monitoring.
Grail Books Australia shall have the right, but not the obligation, to monitor the content of the Service including any chat rooms and forums, to determine compliance with these Terms of Use and any operating rules established by Grail Books Australia and to satisfy any law, regulation or authorised government request. Grail Books Australia shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Service that Grail Books Australia determines to be objectionable. Although Grail Books Australia reserves the right to remove, without notice, any posting for any reason, Grail Books Australia has no obligation to delete submissions that you may find objectionable or offensive.
18. Indemnification.
You agree to defend, indemnify and hold harmless Grail Books Australia and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the Service.
19. Trade marks.
Grail Books Australia, GrailBooks.com.au and related words, domain names, logos and trademarks are the property of Grail Books Australia or its licensors. You must not use these domain names, logos and trademarks except as expressly permitted by these Terms of Use.
20. Third Party Content.
Grail Books Australia has no more editorial control over content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including content providers and users, are those of the respective author(s) or distributor(s) and not of Grail Books Australia. In many instances, the content available through the Service represents the opinions and judgments of the respective content provider or user. Grail Books Australia neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Service by anyone other than authorised Grail Books Australia employee spokespersons while acting in their official capacities.
21. Literary Works.
All literary works at GrailBooks.com & Shop-Grail.com/au are the exclusive property of the publisher or its licensors and are protected by copyright and other intellectual property laws. The download of these literary works is intended for Registered Users' personal and non-commercial use only. Any other use of literary works downloaded from GrailBooks.com & Shop-Grail.com/au is strictly prohibited. Registered Users may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of these literary works, in whole or in part. By downloading literary works from GrailBooks.com & Shop-Grail.com/au, the Registered User hereby acknowledges and agrees to these terms.
22. Public Domain.
Some of the literary works offered on the Service may have been identified as being in the public domain by certain content providers. Grail Books Australia does not verify the accuracy of public domain designations and is not liable for any damage that may result from the downloading or other use of such literary works by you. If you do not reside in the relevant jurisdiction for which the public domain designation has been made, it is your responsibility to check the laws of your country of residence prior to downloading or accessing such literary works.
23. Entire Agreement
These Terms of Use constitute the entire agreement between the parties and supersedes all previous agreements or understandings between the parties in connection with its subject matter.