BetterLife Institute Pty Ltd (ABN 17 273 672 819) trading as BetterLife Bookstore is the publisher of www.betterlifebookstore.com.au, www.selfdiscovery.tv, www.kellysayers.com including any blog/websites and password protected membership websites and customers buying products and services under the BetterLife Bookstore banner and its associated subscriber emails (“us, our, we”).
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY RELATING TO USE OF OUR PRODUCTS AND SERVICES, WEBEVENTS, EVENTS, SELF DISCOVERY NETWORK, SELF DISCOVERY MAGAZINE, BETTERLIFE TV, SPIRITUAL LIFE COACHING, EBOOKS and SELF PUBLISHING WITH BETTERLIFE BOOKSTORE AND KELLY SAYERS.
This Terms and Conditions Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website or App) or you are a “Member” (which means that you have registered with BetterLife Bookstore and set up an Account). The term “User” refers to a Visitor or a Member and Subscriber AND including all Customers that have not come via the websites.
Our Advertising Terms and Conditions set out our standard terms and conditions for advertising products and services we supply to advertisers on our websites.
1) Every advertiser and advertising agency (“you”) who submits an order for advertising on a website or in an email operated by us, agrees to these terms and conditions. Your order and these Terms and Conditions form the basis of a contract between you and us for the provision of the advertising ordered by you.
2) We will, subject to availability, technical limitations and these Terms and Conditions, use our reasonable endeavours to publish your advertisement in the format submitted by you and in accordance with your other instructions. The positioning or placement of your advertisement will be at our discretion unless we expressly agree otherwise in writing.
3) We may, at our absolute discretion, refuse to publish any advertisement without giving any reason. No contract is formed between you and us until we accept your advertisement for publication and issue you with a valid tax invoice. If we do refuse to publish your advertisement, no fee will be charged to you. Even if a contract has been formed between you and us, we reserve the right to refuse or withdraw your advertisement from publication at any time, without giving reasons, even if we have previously published the same or similar advertisement. We may, at our absolute discretion and at no extra cost to you, re-publish your advertisement in any other place. You acknowledge that we are entitled to publish your advertisement anywhere in the world via any medium. We may, without prior consultation or notice to you, amend your advertisement in any way whatsoever, if we believe that the publication of your advertisement would be offensive, in breach of any law, in breach of any pre-existing agreement we have with a third party or in breach of a third partyís rights. If we amend your advertisement, this will not reduce the price agreed for publication of the advertisement. We reserve the right to vary the placement or positioning of your advertisement and to change the format of your advertisement where we deem fit to do so. We will endeavour to notify you of those changes, but we will not be liable for any costs, expenses, losses or damages suffered or incurred by you arising from our failure to publish your advertisement in accordance with your request. We may head any advertisement as “Advertisement” whenever required to do so by law or whenever we consider it appropriate, for any reason, to distinguish it from other types of content.
4) The rate for your advertisement will be as agreed by us and specified in the ëAdvertising Agreement ñ Onlineí. If we have quoted a rate to publish a specific quantity of advertising over a specific period and a lesser quantity is submitted for publication within that period, then what is published within that period shall be costed at whatever rate is necessary to generate the expenditure which would have been incurred had the full agreed volume been published. You must pay us for the advertising services in accordance with the terms of your order. If no due date for payment is specified in your order, you must pay us within 30 days of the date of the invoice. We will invoice you monthly in advance. All rates and charges quoted are, unless expressly stated otherwise, exclusive of GST. We will issue you with a valid tax invoice and you must pay us any applicable GST in addition to the rates and charges quoted to you. Standard creative must be received at least 3 working days prior to the campaign starting date and rich media creative must be received at least 5 working days prior to the campaign starting date. If creative is received by us after the relevant date and causes your campaign to be delayed, the publication of the advertisement will be considered to have commenced on the commencement date specified in the order. It is your responsibility to arrange and manage re-directs with third party adservers and provide such third party with the creative and lead time requirements. We will not compensate you where campaigns are affected or delayed in any way by third party ad-server redirect problems. We may, in our absolute discretion, remove any redirects from our network which are delayed in serving advertisements. All click-through URLís must enable the browserísëbackí feature to allow users to return to our website. If you submit advertising material to us electronically, the material must comply with our specifications. We can reject the advertising material if it is not submitted in accordance with such specifications.
5) You must promptly check any proofs of advertising, if we have arranged to provide you with any and notify us of any errors in the proofs or in any advertisement that we publish for you. We do not accept any responsibility for errors in advertising material that has been submitted electronically by you.
6) Cancellation of any advertisement or campaign must be received in writing from you no less than 21 days before the commencement date in your order in order to receive a 100% refund. Any cancellations of any nature received after the Cancellation Deadline as published in the Advertising Agreement ñ Online are at the sole discretion of BetterLife Institute Pty. Ltd. Any cancellations after this date will be subject to a minimum cancellation fee of 100% of the total cost of the entire campaign. Campaigns cancelled at your request after commencement will not be entitled to a refund of the unused portion of the campaign.
7) If you fail to pay for the advertising services in accordance with your order and these Terms and Conditions, or if you commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over any of your assets or if you resolve to wind up your company, then we may (at our absolute discretion cancel any current advertising campaign and terminate any agreement for advertising that is yet to be published and take proceedings against you to recover any overdue amount including costs in relation to any action taken against you by us.
8) By submitting advertising material to us or authorising or approving the publication of advertising material by us on your behalf, you warrant that the advertising material complies with all relevant laws and regulations and that its publication will not give rise to any claims or liabilities against us, our partners, our directors, employees or agents. Without limiting the above, you warrant that the advertising material submitted, authorised or approved by you does not breach or infringe the Trade Practices Act (Cth), the Fair Trading Acts of relevant States of Australia or equivalent or other sale of goods legislation; any copyright, trade mark, obligation of confidentiality or other personal or proprietary rights; any law of defamation, obscenity or contempt of any court, tribunal or royal commission; State or Commonwealth anti-discrimination legislation; the Privacy Act (Cth); or any other law (including but not limited to any common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory). By submitting, authorising or approving advertising material for publication by us, you indemnify us and our partners, our directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly, from the publication of the advertising material. Without limiting the generality of the above, you indemnify us and our partners, our directors, employees and agents against any costs, expenses, losses, damages, liability and claims suffered or incurred and arising from your breach of these Terms and Conditions and any negligent or unlawful act or omission by you in connection with the advertising.
9) We make no representation or warranty in relation to the number of visitors to our websites or the number of impressions at any site except for any made expressly in writing by us. Except for any warranty or representation made expressly in writing by us, you acknowledge that you have not relied on any advice given or representation made by us or on our behalf in connection with the advertising.
10) We have no liability to you and you indemnify us in relation to any failure of telecommunications services or systems which affect our receipt of your advertisement or the publication of your advertisement.
11) We exclude all implied conditions and warranties from these Terms and Conditions, except any condition or warranty (such as those implied by the Trade Practices Act) which cannot be excluded (ìnon-excluded conditionsî). We limit our liability for: breach of any non-excluded condition (to the extent that liability for such breach can be limited); and any other error or omission in publishing caused by us; to (at our option) re-supply of the advertising services affected by our breach or payment of the cost of re-supply. Subject to the above, we exclude all other liability to you for any costs, expenses, losses and damages suffered or incurred by you in connection with these Terms and Conditions and any advertisement published by us, whether that liability arises in contract, tort (including by our negligence) or under statute. Without limitation, we will not, in any circumstance, be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
12) We may change these Terms and Conditions at any time without notice to you. Those changes will apply to the provision of advertising services after the date the change becomes effective. You and we will be bound by the Terms and Conditions that are current as at the date of your order.
13) These Terms and Conditions, together with your Advertising Agreement ñ Online, represent the entire agreement between you and us in relation to the advertising services and cannot be varied except by agreement in writing signed by one of our authorised officers. No purchase order or document issued by you will vary these Terms and Conditions. We will not be liable for any delay or failure to publish your advertisement that is caused by a factor outside of our reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint). We may serve a notice or any court document on you by forwarding them by prepaid post or facsimile to your last known address.
14) BetterLife Bookstore Members attending events:
(a) BetterLife Bookstore/Self Discovery Network Members can only transfer their ticket to another current financial Member of BetterLife Bookstore.
(b) To transfer a discounted ‘Member’ ticket to a full price ‘Visitor’ ticket please call our office on T: 1300 797 275 as the difference in ticket price will need to be settled via credit card prior to registering at the event.
(c) ‘Full Rate’ ticket holders (Visitors) can transfer their tickets. Please ensure you contact us to discuss the details and diet of the person who will be replacing you at the event on T: 1300 797 275.
15) Special Diets:
16) Prior to making an online booking for any of our events please ensure you read the menu. We must be notified of special medical dietary requirements at the time of receiving your online booking. No special diet guarantee can be given for late bookings or those made after the event RSVP date. Please also check with the administrators for extra pricing for teas and coffees after initial breakfast.
17) Room Entry:
18) BetterLife Bookstore/Self Discovery Network Members participating in Expo tables or delegate satchel inserts have room access for set-up purposes 30mins prior to commencement of event. Completion of set-up needs to be finalised 15 minutes prior to official commencement time of the event.
20) Under no circumstances can any member or customer take or copy BetterLife Bookstore database including memberships list unless you have permission from the member/customer or BetterLife Bookstore direct.
22) By being photographed or filmed with BetterLife TV at Self Discovery Network/BetterLife TV and BetterLife Bookstore events you acknowledge that BetterLife Bookstore films and photographs their events and that you consent to BetterLife Bookstore using your name, likeness, image and or voice in the event that they are photographed or filmed in any media for an unlimited period without remuneration for the purpose of promoting.
23) All films and photographs taken at BetterLife Bookstore events are subject to copyright. Therefore you cannot, copy, manipulate, crop, or reproduce any of the films, photos or images displayed on BetterLife Bookstore social media platforms or website. To use any one particular photo or image taken at a BetterLife Bookstore event a copyright release fee must be paid to the photographer commissioned for the said event.
24) Health Disclaimer:BetterLife Bookstore Products and Services and our Websites provides an Online Virtual Education Center with information applications and contentpublished over the Internet and is intended only to assist users in their personal Regimes. KellySayers and/or BetterLife Bookstore and its Affiliates is not a medical organisation and our staff cannotand do not give, or purport to give, you medical advice or diagnosis. Nothing contained in thisWebsite should be construed as such advice or diagnosis. The information and reports generated byus should not be interpreted as a substitute for medical consultation, evaluation, or treatment by aqualified medical practitioner. You are urged and advised to seek the advice of a medicalpractitioner before beginning any Regime. This Website/products and services from BetterLife Bookstoreis intended for use only by healthy adultindividuals. Individuals who are pregnant or who have certain health conditions, including, withoutlimitation, people suffering from cancer, liver disease, kidney disease, renal failure, eating disorders,type 1 diabetes or who are elderly or who have a low body mass index may not be suitablecandidates for undertaking any form of Regime and are specifically warned to seek professionalmedical advice before using this Website.All coaching tools, information, content, marketing materials, meditations, coaching processes,techniques do not dispense medical advice or prescribe the use of any technique as a form ortreatment for physical or medical problems. The intent of Kelly Sayers and BetterLife Bookstore its affiliates only to offer information of a general nature to help the client in the quest for emotional andspiritual well-being. In the event the client “you” use any of the information or coaching tools ortechniques from this website, coaching sessions, products, services offered such as webevents,(including pre-recorded webevents). BetterLife Institute Pty Ltd, Kelly Sayers, any Affiliates andBetterLife Bookstore assumes no responsibility for your actions and you indemnify us from any suchclaims.Please do not use any of the information supplied by BetterLife Bookstore, BetterLife Institute PtyLtd or Kelly Sayers the Coach to diagnose, treat, cure, or prevent any health problem or disease. Ifyou have or suspect that you have a medical problem, please promptly contact your health careprovider.
25) Disclaimer of Warranties Please note the following disclaimers of warranties that form part of these Terms & Conditions:a. the products, offerings, content and materials on this Website are provided “as is” and, to theextent permitted by law, without warranties of any kind, either express or implied;b. we disclaim all warranties, express or implied, including but not limited to implied warranties ofmerchantability and fitness for a particular purpose, title, compatibility, security, accuracy or noninfringementin respect of any product, service or publication contained on this Website, or ableto be accessed through any link on this Website;c. neither BetterLife Institute Pty Ltd, Kelly Sayers, BetterLife Bookstore nor any of our Affiliates, norany of our or their respective licensors, licensees, service providers or suppliers warrant that thisWebsite or any function contained in this Website will be uninterrupted or error-free, that defectswill be corrected, or that this Website or the servers that make this Website available, are free ofviruses or other harmful components;d. any product, offering, content and material downloaded or otherwise obtained through the useof this Website is done at your sole risk and you will be solely responsible for any damage to yourcomputer system or loss of data that results from the download of any such product, offering,content or material;e. neither BetterLife Bookstore, Kelly Sayers nor any of our Affiliates, nor any of our or theirrespective licensors, licensees, service providers or suppliers endorse, recommend, promote,warrant or make any representations regarding the use, benefits, risks or the results of the use ofthe products, offerings, content and materials in this Website in terms of their correctness,accuracy, reliability, or otherwise;f. no advice or information, obtained by you from our personnel or through this Website shallcreate any warranty not expressly provided for in these Terms & Conditions; andg. we disclaim all warranties, express or implied, for any errors or omissions, inaccuracies orincompleteness of any Content, Submission or other material contained on this Website or able tobe accessed through any link on this Website.
You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.
Additional Terms. In order to participate in or receive certain Services, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate or that you choose to receive, those additional terms are hereby incorporated into this Agreement. To the extent there is a conflict between the terms in this Agreement and the terms and conditions posted for a specific area of the Website or App or in connection with a Service, the latter shall have precedence with respect to your use of that area of the Website, App or Service.
Amendments. BetterLife Bookstore may modify this Agreement from time to time and such modification shall be effective: (1) for Users who first use the Services after the posting, upon posting by BetterLife Bookstore on the Website, (2) for existing Users, thirty (30) days after posting by BetterLife Bookstore on the Website, or (3) for existing Members, if the modifications to the Agreement are material, thirty (30) days after BetterLife Bookstore sent an e-mail containing a notification of such modifications and the continued use of the Services by the Member thereafter, which shall constitute the Member’s acceptance of the amended Agreement. If you do not agree to the modification, you must cease your use of the Services.
1. Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are thirteen (13) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your BetterLife Bookstore Account (the “Account”) may be deleted without warning if we believe that you are younger than thirteen (13).
2. Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may delete your Account and end your membership at any time, for any reason by following the instructions on the “My BetterLife Bookstore Account” page. BETTERLIFE BOOKSTORE MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME AND FOR ANY REASON, EFFECTIVE UPON SENDING NOTICE TO YOU AT THE THEN-CURRENT E-MAIL ADDRESS IN YOUR ACCOUNT PROFILE. Even after any termination, Sections 8 through 26 of this Agreement will remain in effect. You understand that termination of this Agreement and your Account involves deletion of your BetterLife Bookstore profile information from our live databases as well as any Content that you uploaded to the BetterLife Bookstore Website or App using such Account. BetterLife Bookstore will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.
3. Fees. You acknowledge that BetterLife Bookstore reserves the right to charge for Services and to change its fees from time to time in its discretion, upon posting by BetterLife Bookstore on the Website or in the App. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to BetterLife Bookstore as set forth on the Website/App.
4. Conditions of sale.
4.1 Eligibility; Credit Card Terms. To order any Books or other products, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard, or any other issuer then accepted by us) and associated payment information at the time you order Books or any other products hereunder, including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. BetterLife Bookstore currently does not accept cash, checks or any other payment form, although in the future we may change this policy. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before BetterLife Bookstore invoices the credit card for all amounts due and payable. By providing BetterLife Bookstore with your credit card number and associated payment information, you agree that BetterLife Bookstore is authorized to immediately invoice your account for all fees and charges due and payable to BetterLife Bookstore as a result of your purchase of any Books or other products. You agree to immediately notify BetterLife Bookstore of any change in your billing address or the credit card used for payment hereunder. BetterLife Bookstore reserves the right, at any time, to change its prices and billing methods for Books and other products sold, either immediately upon posting on the Website or in the App, or by e-mail delivery to you.
4.2 Fees and Charges. You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use or value-added taxes, unless you provide BetterLife Bookstore with sufficient evidence that the order and purchase is made solely for the resale or redistribution of the Book or other product to your customers) at the rates in effect when the charges were incurred. BetterLife Bookstore may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order Books or other products for overseas delivery, you may be subject to import duties and taxes, which are levied when the package with the Books or products arrives at the destination that you specified. Any charges for customs clearance have to be borne by you, as BetterLife Bookstore has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the country where you have us ship your Books or other products to get more information. Please be also aware that you are considered the importer of record and must comply with all laws and regulations of such country.
4.3 Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement, or such dispute will be deemed waived. Billing disputes should be notified to the following address: BetterLife Bookstore Customer Service, 7A Forbes Road, Applecross Western Australia 6153, or via BetterLife Bookstore Order Support. If Blurb does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by BetterLife Bookstore or its agents.
4.4 Returns. All sales of Books and other products are subject to BetterLife Bookstore then-current return policies, as posted on the Website.
4.5 Gift Cards. You agree to the terms and conditions for gift cards that BetterLife Bookstore offers (“Gift Cards”) as may be found online at our Website and which are hereby incorporated by reference and may be amended from time to time by BetterLife Bookstore in its sole discretion.
5. Order acceptance policy. Your receipt of an electronic or other form of order confirmation does not signify BetterLife Bookstore’s acceptance of your order, nor does it constitute confirmation of our offer to sell. BetterLife Bookstore reserves the right at any time after receipt of your order to accept or decline your order for any reason. BetterLife Bookstore further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by BetterLife Bookstore upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.
6. Title and Risk of Loss. All sales of Books and other products are made FOB shipping agent. Title and risk of loss to each shipment of the Books and other products shall pass to you upon transfer to the shipping agent, FOB.
7. Password. When you sign up to become a Member, you will also be asked to choose a username and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another Member at any time. You agree to notify BetterLife Bookstore immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.
8. Your Book Content.
8.1 Definitions. “Content” includes text, files, design templates, images, photos, video, sounds, works of authorship, and other material. Your “Book Content” includes Content that you include in the Books, submit to BetterLife Bookstore for Books and print services, or that you contribute to the Books of other Members. BETTERLIFE BOOKSTORE HAS NO OWNERSHIP OF ANY OF YOUR BOOK CONTENT.
8.2 Ownership of Your Book Content. You represent and warrant that: (i) you own or otherwise have the right to grant the licenses set forth in this section for the Book Content that you provide to and post on the Services, contribute to other Members, or provide for our print services to have them printed in a Book, and (ii) your Book Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity.
8.3 Submission of Your Book Content. You may use any BetterLife Bookstore self-publishing software to submit your Book Content to BetterLife Bookstore for publication or submit your Book Content by providing us with a PDF which meets the specifications required by BetterLife Bookstore.
8.4 License. In order for BetterLife Bookstore.to be able to provide you with our Services, you hereby agree to provide us with the following licenses to use your Book Content:
8.4.1 License to print your Books. You hereby grant to BetterLife Bookstore a non-exclusive, worldwide, fully-paid and royalty-free license (a“License”) to reproduce and distribute your Book Content for the purpose of printing the Books that you order or that you authorize for purchase by others, and for any other related purpose that you authorize (including the use by other Members as a contribution to their Books). You agree that BetterLife Bookstore reserves the right to maintain the electronic files for any Book(s) to fulfill any further orders which may be placed for such Book(s) and to maintain an archival copy of the printed Book.
8.4.2 License to use your Book Content for optional BetterLife Bookstore features. In the event you decide to use any optional feature that BetterLife Bookstore may offer, such as allowing others to search for and see an electronic preview of your Book(s) or applications to use the Services in connection with other services and online communities, you hereby grant to BetterLife Bookstore a License to reproduce, distribute, publicly display, use, and otherwise make available the designated Book(s), any Book Content therein, and any other data and information you provide in connection with the optional feature, as required for BetterLife Bookstore to provide such optional feature.
8.5 ISBN Numbers; Publisher Status. BetterLife Bookstore may provide features that permit you to include an International Standard Book Number (“ISBN”) with your Book. Depending on the features, you may be permitted to acquire an ISBN through BetterLife Bookstore or provide your own ISBN for inclusion in your Book. YOU ACKNOWLEDGE AND AGREE THAT, NOTWITHSTANDING THE METHOD YOU USE TO OBTAIN AN ISBN FOR YOUR BOOK(S), BETTERLIFE BOOKSTORE IS NOT THE PUBLISHER OF YOUR BOOKS (INCLUDING YOUR BOOK CONTENT) AND YOU WILL NOT STATE OR OTHERWISE SUGGEST THAT BETTERLIFE BOOKSTORE IS THE PUBLISHER OF YOUR BOOKS. YOU REPRESENT AND WARRANT THAT YOU ARE THE PUBLISHER OF YOUR BOOK(S) (INCLUDING YOUR BOOK CONTENT) AND, IN ANY CASE, THAT YOU BEAR THE FULL AND ULTIMATE RESPONSIBILITY FOR THE PUBLICATION AND DISTRIBUTION OF YOUR BOOKS (INCLUDING YOUR BOOK CONTENT).
9. BetterLife Bookstore Content. The Services contain Content of BetterLife Bookstore and its licensors (“BetterLife Bookstore Content”). BetterLife Bookstore and its licensors (including Users) own and retain all proprietary rights in the BetterLife Bookstore Content and the Services. BetterLife Bookstore hereby grants you a limited, revocable, non-sublicensable license to reproduce and publicly display the BetterLife Bookstore Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services. Except as provided in the previous sentence, you shall not reproduce, distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of, and otherwise use the BetterLife Bookstore Content.
10. Other Content. Notwithstanding Section 8.4.2 above, You hereby grant to BetterLife Bookstore an irrevocable, perpetual, nonexclusive, fully-paid and royalty-free license (with right to sublicense) to use, create derivative works, reproduce, distribute and publicly display any Content, but not your Book Content, that you upload, post, email, transmit or otherwise make available on the Website or App (“Other Content”). Examples of Other Content include your digital correspondences with BetterLife Bookstore via social media, any public information you upload about a Book through our Website or App, and public profile information you provide through our Website or App. We may use Other Content in our internal and external marketing materials as well as to provide You with better service and support.
11. Your Content and Activity. You are solely responsible for any and all Book Content and Other Content that is posted by or through your Account on any Services (including any Content that you may have received by third parties) including any e-mail, or included in Books submitted by you for print services, and for your interactions with other Users. You agree that BetterLife Bookstore retains the right to create limits on BetterLife Bookstore archiving of such data, including but not limited to the right to delete such data after a certain period without a purchase or to charge for extended storage of such data.
11.1 Prohibited Content. YOU MAY NOT INCLUDE “PUBLISHED BY BETTERLIFE BOOKSTORE,” “BETTERLIFE BOOKSTORE PUBLISHING” OR ANY OTHER REFERENCE THAT DIRECTLY OR INDIRECTLY SUGGESTS OR IMPLIES THAT BETTERLIFE BOOKSTORE IS THE PUBLISHER OF THE BOOKS THAT YOU CREATE USING THE SERVICES. You agree that you will not post, submit for print services, or otherwise provide to the Services, any Prohibited Content. “Prohibited Content” includes Book Content or Other Content that: (i) is offensive, pornographic, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (vi) is involved in the exploitation of persons under the age of 13 in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (x) violates any applicable law, including, but not limited to laws and regulations governing export control, unfair competition, anti-discrimination and false advertising; (xi) involves commercial activities that are detrimental to the interests of BetterLife Bookstore; or (xii) otherwise violates this Agreement or creates liability for BetterLife Bookstore. BETTERLIFE BOOKSTORE RESERVES THE RIGHT TO REFUSE TO PRINT ANY BOOK THAT CONTAINS CONTENT THAT IT DETERMINES IN IT SOLE DISCRETION IS PROHIBITED CONTENT, and you agree to indemnify and hold BetterLife Bookstore and its subsidiaries, affiliates, officers, employees, suppliers, service providers, and partner companies harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of this section.
11.2 Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
11.3 Member Interaction. You will not use (a) the Services and (b) any information obtained from the Services in order to harass, abuse, send Spam to, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
11.4 No Disruption. You will not: (i) cover or obscure the banner advertisements that might be placed on your personal profile page, or any BetterLife Bookstore page via HTML/CSS, scripting, or any other means, if any; (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; or (iii) introduce software or automated agents to the Services, generate automated messages, or to strip or mine data from the Services.
11.5 Miscellaneous. You will not attempt to impersonate another User or person, including any employee of BetterLife Bookstore. You will use the Services in a manner consistent with any and all applicable laws and regulations.
11.6 Enforcement by BetterLife Bookstore. We have the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of BetterLife Bookstore violates this Agreement; is Prohibited Content, is illegal, violates the rights, harms, or threatens the safety of any User or any other person; or creates liability for BetterLife Bookstore, its suppliers, service providers, partner companies, or any User. We reserve the right (but has no obligation) to investigate and take action in its sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Prohibited Content from the Services, terminating your membership, reporting you to law enforcement authorities, and taking legal action against you.
12. Copyright Policy. It is BetterLife Bookstore’s policy to terminate membership privileges of any Member who infringes copyright upon prompt notification to BetterLife Bookstore by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services or used in any Book in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for BetterLife Bookstore’s Copyright Agent for notice of claims of copyright infringement is as follows:
Attn: Copyright Agent
PO Box 1090
Canning Bridge Western Australia 6153
13. Third Parties and Other Users.
13.1 Third Party Content. Content from other Users, advertisers, and other third parties is made available to you through the Services. Because BetterLife Bookstore does not control such Content, you agree that BetterLife Bookstore is not responsible for any such Content, including advertising and information about third party products or services. Because BetterLife Bookstore does not have control over such Content, we make no guarantees about the accuracy, currency, suitability, or quality of such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
13.2 Responsibility. Your interactions with other Users or third parties, or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User, the advertiser, or third party. The foregoing also applies to any interaction between Members (including the contribution and/or receipt of any Content) in the course of using the Services’ functionality to make contributions to the books of other Members and to receive contributions from other Members to your own Books. You agree that BetterLife Bookstore will not be responsible for any loss or damage incurred as the result of any such interactions and dealings listed in this section or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), BetterLife Bookstore is under no obligation to become involved; however, we reserve the right to monitor disputes between you and other Users.
14. Limited Warranty.
14.1 Limited Warranty for Books. BetterLife Bookstore warrants that, subject to minor differences across products and printing partners as described in BetterLife Bookstore’s Return Policy available at BetterLife Bookstore we will be free of any material defects in materials and workmanship. BetterLife Bookstore will, at its own expense and at its sole obligation and your exclusive remedy, replace any materially defective Books which you report to us via BetterLife Bookstore’s Order Support within fourteen (14) days of your receipt thereof in accordance with the Return Policy.
14.2 Exceptions to Warranty. BetterLife Bookstore (unless you have purchased an editors package from the website) does not proof, edit or change any of the Content in the Books that you post or submit for print services. As a result, the foregoing limited warranty does not include the obligation to correct (a) typographical errors, mistakes in grammar, unfinished text or other text errors; (b) low resolution images that may appear blurry in print; (c) design issues, including book format, organization, style, color and page layout; or (d) any other creative choices that you make related to the Book. YOUR BOOK CONTENT CANNOT BE EDITED ONCE IT IS UPLOADED TO THE WEBSITE. Therefore, you agree that you will not upload Book Content unless it has been fully proofed and you are satisfied that it is ready to be published. BetterLife Bookstore is not responsible for any incorrect or inaccurate Content (including any profile information) posted on the Services, whether caused by Users, Members or by any of the equipment or programming associated with or utilized in the Services. BetterLife Bookstore assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or User communication. BetterLife Bookstore is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or App or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall BetterLife Bookstore be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the Website or App or transmitted to Users, or any interactions between Users of the Services, whether online or offline.
14.3 Disclaimers. TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, (A) THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 14.1 ABOVE, (B) BETTERLIFE BOOKSTORE EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION AND COUNTRY TO COUNTRY. FOR FURTHER WARRANTY INFORMATION YOU MAY CONTACT BETTERLIFE BOOKSTORE’s CUSTOMER SUPPORT DEPARTMENT AT PO BOX 1090, CANNING BRIDGE, WA 6153
15. Limitation on Liability. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, BETTERLIFE BOOKSTORE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BETTERLIFE BOOKSTORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BETTERLIFE BOOKSTORE’s LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE GREATER OF FIFTY AUS DOLLARS ($50), OR THE AMOUNTS YOU PAID TO BETTERLIFE BOOKSTORE IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE BETTERLIFE BOOKSTORE’s LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF BETTERLIFE BOOKSTORE OR ITS AGENTS OR EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
16. Release. You hereby release BetterLife Bookstore, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users.
17. Indemnity. You agree to defend, indemnify, and hold BetterLife Bookstore, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.
18. Electronic communications. The communications between you and BetterLife Bookstore use electronic means, whether you visit the Website or App or otherwise use the Service or send BetterLife Bookstore e-mails, or whether we post notices on the Website or App or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from BetterLife Bookstore in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that BetterLife Bookstore provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
21. Relationship of Parties. You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or in your Book Content, that would reasonably contradict anything in this section.
22. Notices. BetterLife Bookstore may give any notice required by this Agreement by means of a general notice on the Website, electronic mail to your e-mail address on record with us, or by written communication sent by first class mail or pre-paid post to your address on record with BetterLife Bookstore. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to BetterLife Bookstore, addressed to the attention of its Chief Operating Officer (such notice shall be deemed given when received by BetterLife Bookstore) at any time by any of the following: letter sent by confirmed email to BetterLife Bookstore at the following email address firstname.lastname@example.org a letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to BetterLife Bookstore at the following address: Chief Operating Officer, BetterLife Bookstore PO Box 1090, Canning Bridge, WA 6153
23. Force Majeure. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any “act of God.”
25. Copyright/Trademark Information. Copyright © 2005–2015, BetterLife Bookstore. All rights reserved. The trademarks, logos and service marks (“Marks”) displayed on the Website and App or in connection with the Services are the property of BetterLife Bookstore or other third parties. You are not permitted to use these Marks without the prior written consent of the third party that owns the Mark.
I “The Client” acknowledge that I have read and fully accept the terms and conditions herein