Terms and Conditions
Website Terms of Use
Date of last update: 11 December 2024
Introduction
1. These terms of use (“Terms”) govern your access and use of this website, www.francesmackay.com, which is owned and operated by Frances Mackay, ABN 791 892 377 47 (“we”, “us”, or “our”).
2. By accessing and using this Site, you agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use this Site.
3. We reserve our right to change these Terms at any time, without notice to you. When we change these Terms, we will also update the “Date of last update” at the top of these Terms. You should check this page occasionally to ensure you are familiar with any changes.
Intellectual property rights
4. All intellectual property rights (including copyright and trademarks) in the content and design of this Site are owned by us.
5. You may, for personal use only, print a copy of any part of this Site to view it. All other use, copying or reproduction of any part of this Site is prohibited without our prior written approval.
Links
6. This Site may provide links to other websites. This is done for your convenience only. We take no responsibility for the accuracy or currency of the information on those sites. We do not endorse any information, goods or services referred to within those sites, and our provision of these links should not be taken as an endorsement.
Sale of goods and services
7. The following goods and services are available on our Site:
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Children’s books;
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Printable pdfs;
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Author consultancy; and
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Virtual school visits.
8. The goods and services will be paid for in full when they are ordered.
9. These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
10. We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Payments
11. We accept payment by credit card on our Site.
12. When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
13. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and delivery
14. When you purchase goods from our Site, the goods will be delivered using Standard Postal delivery.
15. Delivery will take place as soon as reasonably possible. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and public holidays.
16. You will not be charged for delivery of the goods you purchase on our Site.
17. If you purchase gods from us for delivery to a destination outside Australia your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.
18. You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Consumer Protection Law
19. Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Liability
20. We are not liable to you on any basis (including negligence) for any loss or damage (however caused) arising out of or in connection with your use of this website or its contents.
21. Our total liability to you for any claims arising out of or in connection with your use of this Site or its contents under any statutory right that cannot be excluded is limited at our option to either the resupply of the relevant services or the payment of the cost of same.
Disclaimer
22. If you choose to use the Site, you do so at your own sole risk.
23. We make no representation that anything offered through the Site is available for use in other locations, or that it complies with laws and regulations of other locations.
24. We make no warranty that the Site will meet your requirements or be available on an uninterrupted, secure or error-free basis.
25. We make no warranty regarding accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Site, or that this Site is free of viruses or other harmful components.
Indemnity
26. To the fullest extent allowed by law, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, losses and expenses (whether in tort or in contract) arising out of or related to your use of this Site.
Privacy policy
27. We are committed to protecting your personal information. Please refer to our Privacy Policy which describes how we collect and manage your personal information. By agreeing to and accepting these Terms, you also agree to and accept the terms of our Privacy Policy.
Severability
28. If any part of these Terms is held to be illegal, invalid or unenforceable by a Court of law, the legality, validity and enforceability of the remaining parts will not be affected.
Waiver
29. Any failure or delay by us to enforce any provision of these Terms will not be interpreted as a waiver of our rights or remedies.
Termination
30. These Terms are effective until terminated by us, which we may do at any time and without prior notice to you.
31. Any rights or obligations that have accrued up to and including the date of termination will survive.
Governing law and jurisdiction
32. These Terms, and all related matters, shall be governed and interpreted by the laws of the State of Tasmania, Australia.
33. Any dispute under these Terms shall be subject to the exclusive jurisdiction of the Courts of Tasmania, Australia.
Contact us
34. If you have any questions about these Terms, please contact us by emailing frances@francesmackay.com
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