Terms and Conditions

Terms & Conditions of Sale and Purchase

1. Contract
1. These terms apply to any sale of goods contract between Winc Australia Pty Limited ABN 94 000 728 398 (our, us or we) and a Customer (your or you) entered into through this website (www.wincschools.com.au).
2. We may change these terms from time to time without notice, by publishing the new terms on this website.
3. These terms override all prior negotiations, representations, proposals, understandings and agreements whether in writing or not, relating to the sale of goods by us to you. Accordingly, any goods delivered by us to you (or a person nominated by you) are sold under and in accordance with these terms.

2. Sale and Purchase
1. Your placement of an order with us (Order) for any goods displayed on this website (the Goods) constitutes an offer by you to purchase the Goods from us on these terms. The Order is placed when it is submitted to us.
2. The Order is accepted only when we notify you that we accept your Order. For example, we might notify you that we accept your Order by sending you an e-mail stating this or by displaying a confirmation within this website.
3. If we accept the Order, a binding contract between you and us will arise on these terms (the Contract). The Contract may be amended only by written agreement between us and you.
4. We reserve the right, at our discretion, to limit the quantity of goods purchased per customer and to reject orders. We will notify you if such limits apply and if we reject the order for any reason.

3. Price
1. The price of the Goods will be as published on the website on the day that you give us your Order for the Goods (Purchase Price). From time to time we may introduce promotions for limited periods that alter the price stated.
2. We may change our published prices from time to time without notice.
3. We are entitled to charge a delivery fee, which will be calculated by reference to the goods purchased and the post code of the address stated in the Order. If a delivery fee applies, it will be displayed on the checkout page prior to you submitting your Order and itemised on your invoice.

4. Goods and Services Tax
You must pay us goods & services tax (GST) at the prevailing GST rate on any taxable supplies made by us. The Purchase Price includes any GST. Any GST payable by you will be displayed on the checkout page prior to you submitting your Order and will be shown on your invoice.

5. Payment
1. Credit card, ZipPay or PayPal payment is required at the time of placing your order.
2. Subject to any limitation imposed by law, any expenses, costs or disbursements incurred by us in recovering any money outstanding under the Contract, including debt collection agency fees or solicitor’s costs, will be paid by you.
3. You must pay us any fees or costs imposed on us if any payment you make to us is dishonoured or reversed.

6. Delivery 
1. We will arrange for the delivery of the Goods to the address stated in the Order by such carrier and such form of transport we consider to be appropriate. If the carrier does not find a person at that address to take delivery of the Goods, the Goods may instead be left at that address or may be temporarily stored at the nearest depot of the carrier for collection by you as notified by us or as specified on a card left at your address by the carrier.
2. We will not be liable for any indirect or consequential loss or damage, arising from the mis-delivery, delayed delivery or failure to deliver the goods.

7. Exclusion of Warranties and Liability 
1. The Goods come with guarantees under the Australian Consumer Law. Nothing in these Terms and Conditions excludes, restricts or modifies: a) the application of any provision of the Australian Consumer Law to the sale of the Goods; or b) the exercise by you of a right conferred by such a provision; or c) any liability of a person for failure by us to comply with a guarantee that applies under the Australian Consumer Law to the sale of the Goods. Subject to the above, all conditions and warranties, whether or not implied by law, are excluded from any contract for the sale of the Goods, and we do not accept liability for any claim by you or any other person relating to or arising from any such condition or warranty. Details of any manufacturer’s warranty are included with the Goods.

8. Return of Goods
We will accept returns in accordance with the terms and conditions of our then current returns policy available here.

If you have changed your mind and you are able to provide a valid receipt, we may offer you an exchange or refund under the following conditions and in accordance with our returns policy:

1. The return must be requested within 30 days of purchase.
2. The returned Goods must be in their original packaging, unopened and otherwise as new and in a saleable condition.
3. Technology items, including laptops, notebooks, tablets and digital licences or subscriptions (such as ‘eBooks’), school contributions, stock bought specifically for a customer, direct ship products and customised stock cannot be returned on a change of mind or customer error basis.
4. School levies cannot be refunded by us. Please refer to your school should you require a refund for a school levy.
5. Any return freight fees will be at your expense.

9. Title and Risk
1. Risk in the goods will pass to you upon delivery.
2. Ownership in the Goods does not pass to you until you have discharged all outstanding indebtedness, whether in respect of the Goods or otherwise, to us.

10. Limitation of Liability
Where the Goods or any services we supply under the Contract are not goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption, then our liability (if any) for failure to comply with a guarantee under the Australian Consumer Law (other than, in respect of the Goods, a guarantee as to title, a guarantee as to undisturbed possession or a guarantee as to undisclosed securities, charges or encumbrances) is limited, so far as the Australian Consumer Law allows and at our option: (a) in the case of the Goods, to repair or replacement of the Goods or supply of equivalent goods (or paying the direct and reasonable cost of any of these); or (b) in the case of any services supplied by us, to supplying the services again (or paying the direct and reasonable cost of having the services supplied again).

11. Governing Law and Jurisdiction
The Contract is governed by the laws of the State of New South Wales, in Australia. You and we submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.

12. No Waiver
The failure by us to exercise, or any delay in exercising, any right, power or privilege available to us under these terms and conditions will not operate as a waiver or preclude any other or further exercise or the exercise of any other right or power.

13. Severence
If any term of the Contract is found to be invalid or unenforceable, such invalidity or unenforceability will not affect the remainder of the Contract, which will continue in full force and effect.

OfficeMax eBooks Terms of Use

General
Access to eBooks purchased from our website (“OfficeMax and Winc Schools”) is facilitated by and subject to the specific terms of use of the ‘OfficeMax powered by ReadCloud’ eReader Application (the “App”) and these terms. The App provides users with the ability to read and discover literary works from content providers (the "Service"). This App is owned and operated by ReadCloud Pty Ltd (ABN 44 136 815 891) ("ReadCloud"). Your eBook purchase and download and access to the App is subject to these terms, the eBook Customer License, the App terms of use, and our Privacy Policy and ReadCloud Privacy Policy (together the "Terms of Use" or this “Agreement”).
By registering, accessing or using the Service you signify that you have read, understand and agree to be bound by the Terms of Use, whether or not you are a Registered User of the Service. You are only authorised to use the Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Use. OfficeMax and Winc and ReadCloud reserve the right, at their sole discretion, to change, modify, add, or delete portions of the Terms of Use at any time without further notice. Your continued use of the Service after any such changes constitutes your acceptance of the revised terms and conditions.

If you do not comply with this Agreement at any time, we and ReadCloud reserve the right to immediately suspend or terminate your access to the Service (or any part thereof) and/or your user account, if any. You agree that any termination or cancellation of your access to, or use of, the Service may be effected without prior notice. If you do not abide by the terms of this Agreement, you agree that we and ReadCloud may immediately deactivate or delete your user account, if any, and all related information and/or files in your user account and/or bar any further access to such information and/or files and/or the Service (or part thereof). Further, you agree that neither we nor ReadCloud shall be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Service. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of or of access to the Service, or any policies or practices by us and ReadCloud in providing the Service, including without limitation any change in content, is to cease using the Service and cancel or terminate Registered User account or subscription, as applicable.

Registered Users
Access to eBooks via the Service is only available to individuals who download the App, register with ReadCloud and create a user account on the Service (each, a "Registered User"). If you are a Registered User then you agree to the following:
(i) in consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Service, including your geographical location and billing address (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, we and ReadCloud have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof);
(ii) Through the registration process, Registered Users will receive a password and account designation. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account designation. You agree to: (a) immediately notify us and ReadCloud of any unauthorised use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session.
Any personal information you provide in the registration form will be collected in accordance with, and for the express purposes set out in our Privacy Policy and ReadCloud's Privacy Policies.

Access to Content
We, ReadCloud and their publishing partners enable you, subject to the restrictions set forth herein, to view, download, display and use on your devices, including but not limited to mobile devices, e-readers, and personal computers (each a "Device") a variety of digitized electronic content, such as books, journals and other periodicals, and other digital content, as determined by us and ReadCloud ("Digital Content").

Use of Digital Content
Following payment of the applicable fees for an item of Digital Content via OfficeMax and Winc Schools, for as long as we, ReadCloud and the applicable copyright holder have rights to provide you that Digital Content, you have the non-exclusive right, subject to the restrictions set forth herein, to view, use, and display such Digital Content an unlimited number of times on your Devices or as otherwise authorised by us, ReadCloud and/or our publishing partners as part of the Service for your personal, non-commercial use. If ReadCloud or the applicable copyright holder loses the rights to provide you any Digital Content, we and ReadCloud will cease the Service in relation to such Digital Content and you may lose the ability to use such Digital Content. For certain Digital Content, we and ReadCloud may be acting as an agent of the copyright holder (or its agents) in providing such Digital Content to you. You acknowledge that such copyright holder (or its agents) shall be the seller(s) of such Digital Content to you under these Terms of Use. Select, copy and paste functions may be available for some Digital Content, and you must use these features within the prescribed limits and only for personal non-commercial purposes.

Curated or Uploaded Content
For all digital content, whether it be a PDF, ePub, Video, Audio, Podcast, Image or any other content, that is uploaded to our eBooks platform, the User agrees that they have the rights to upload the said content. At all times the user agrees to abide by and respect all Copyright terms of any third party publisher and/or authors of such content.
If at any time you believe you have uploaded any content that may violate or infringe on someones copyright, you must advise us and ReadCloud immediately such that the said content can be promptly removed from the platform.

Restrictions
You may not sell, rent, lease, distribute, broadcast, transfer, or assign your rights to the Digital Content or any portion of it to any third party except as expressly permitted by us and ReadCloud. In addition, you may not remove any watermarks, labels, or other proprietary notices on or in the Digital Content. You acknowledge and agree that OfficeMax and Winc and ReadCloud may place limits on the number of Devices and/or software applications you may use to access Digital Content and that such limits may be set by OfficeMax and Winc and ReadCloud at any time at their discretion. You acknowledge and agree that OfficeMax and Winc, ReadCloud and/or its publishing and/or distribution partners may record and store the unique device identifier numbers of your Devices in order to enforce such limits.

Disclaimer and Limitation of Liability
The Competition and Consumer Act and similar State legislation in Australia may confer rights and remedies on you in relation to the provision of the Digital Content and the Service, which cannot be excluded, restricted or modified ("Non-excludable Rights"). We and ReadCloud do not exclude any Non-excludable Rights, but all other conditions and warranties implied by custom, law or statute are hereby excluded.
Except as provided for by the Non-excludable Rights:
(i) The App is provided on an "as is" basis;
(ii) OfficeMax and Winc, ReadCloud and their licensors make no representations or warranties of any kind, express or implied, as to the operation of, your access to or the results of your access to the App (including any related or linked websites) or the correctness, accuracy, timeliness, completeness or reliability of the information, Digital Content, materials or products purchased from OfficeMax and Winc Schools and accessed via the App.
(iii) To the full extent permissible by applicable law, we and ReadCloud disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
(iv) Neither OfficeMax and Winc nor ReadCloud will be liable for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, any information on the App or in the Digital Content, whether or not caused by any negligent act or omission. If any law prohibits the exclusion of such liability, OfficeMax and Winc and ReadCloud hereby limit their liability to the extent permitted by law, to the resupply of the said information.

Miscellaneous
The App, the Service and this Agreement are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provisions within the App or the Terms of Use are found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the App and these Terms of Use which will continue in full force and effect.