On the Porcupine Press Australia website there are detailed descriptions of services. More detailed and comprehensive descriptions are available (before) when the author signs the grant of rights letter.Products or services that you purchase in Australia are covered by Australian consumer law. Porcupine Press Australia applies this warranty globally. Porcupine Press Australia services comes with guarantees that cannot be excluded under Australian consumer law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. Should Porcupine Press Australia services not be honoured, you can choose to make a claim under Australian consumer law.
Limited Warranty for Books. The author will have an account set up in his or her name and they can liase with the respective book printer OR if Porcupine Press Australia ordered the books warrants that, subject to minor differences across products and printing partners as described in Porcupine Press Australia’s Return Policy available at Returns Policy page. Books will be free of any material defects in materials and workmanship. Porcupine Press Australia will, at its own expense and at its sole obligation and your exclusive remedy, replace any materially defective Books which you report to Porcupine Press Australia via Porcupine Press Australia’s Contact Page within seven (7) days of your receipt thereof in accordance with the Return Policy.
Summary of Australian consumer law.
Without limiting consumers’ rights, Bradley e Commerce Solutions Trading as (Porcupine Press Australia) will provide its own remedies equivalent to those remedies in the consumer guarantee provisions of the Australian Consumer Law at any time within 12 months of the date of purchase or payment. For the avoidance of doubt, Porcupine Press Australia acknowledges that the Australian Consumer Law may provide for remedies beyond 24 months for certain products or services. Due to the nature of eBook and Book industry (environmental or external factors) Porcupine Press Australia Provides a DISCLAIMER OF WARRANTIES; LIMITATION ON LIABILITY.
Exceptions to Warranty. Porcupine Press Australia does not proof, edit or change any of the Content in the Books that you post or submit for print services. Porcupine Press South Africa does proof and editing services. Therefore Porcupine Press may offer a limited warranty which includes 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, organisation, style, color and page layout; or (d) any other creative choices that you make related to the Book. The finished file submitted to Porcupine Press Australia from Porcupine Press is signed off by the client/ Author and is submitted and reformatted if required. 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 POD COMPANY’S 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. Porcupine Press Australia 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 utilised in the Services. Porcupine Press Australia 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. Porcupine Press Australia 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. The recommended print on demand company will have their own terms and conditions and charges and may also have ongoing listing fees and other charges.Under no circumstances shall Porcupine Press Australia 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.
Disclaimers. TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS,NOTABLY AUSTRALIAN CONSUMER LAW (A) THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND EXCEPT FOR THE WARRANTY SET FORTH ABOVE, (B) Porcupine Press Australia 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. FOR FURTHER WARRANTY INFORMATION YOU MAY CONTACT Porcupine Press Australia’s CUSTOMER SUPPORT at email@example.com
Limitation on Liability. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, Porcupine Press Australia 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 Porcupine Press Australia HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Porcupine Press Australia’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 AUD ($50), OR THE AMOUNTS YOU PAID TO Porcupine Press Australia IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE Porcupine Press Australia’s LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF Porcupine Press Australia 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. Available nowfrom this book publisher in perth,WA
Release. You hereby release Porcupine Press Australia, 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.If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”Indemnity. You agree to defend, indemnify, and hold Porcupine Press Australia, 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.
Mainly Porcupine Press Australia cannot guarantee listings, listing or sales strategies, royalties/ profits, ongoing listings, ongoing print on demand services as providers can terminate with 30 days notice as can authors as can Porcupine Press Australia.Who to contact to make a claim-The seller Porcupine Press Australia telephone number or e-mail.The above summary is subject to the full terms and conditions as described on the Terms and Condition page.The Terms and Conditions page can be found here.*This page has been prepared by Porcupine Press Australia and its contents are not endorsed by any third party.
- Porcupine Press Australia telephone for sales/ service support:048109 8999
- Porcupine Press Australia e-mail address: firstname.lastname@example.org
- Porcupine Press Australia restricts its service provision to the country where Porcupine Press Australia is based the Commonwealth of Australia.
- Porcupine Press Australia will accept new clients from overseas and will provide/ honour Australian Statutory consumer guarantees for all clients/Authors signing the author grant of rights letter. Australian tax laws will apply.
Your consumer guarantee rights under Australian consumer law.
Consumer guarantees in relation to services
We will provide the services with due care and skill.
The services will be fit for a particular purpose.
The services will be provided within a reasonable time.
The goods will match the sample or demonstration model.
You have title to the goods.
You have undisturbed possession of the goods.
There are no undisclosed securities on the goods.
For Porcupine Press Australia services, in addition to the above, we also guarantee that we will provide answers and endeavour to meet the consumers request if part of the original service or subsequent service offering.
Under Australian consumer law, the remedy you are entitled to if a product fails to meet a consumer guarantee will depend on whether the failure to comply with the guarantee is major or minor.
Minor failures to comply with a consumer guarantee can normally be fixed or resolved in a reasonable amount of time. In this case, the seller can choose to offer you a refund, replacement, repair or, in the case of services, resupply. If the seller does not fix the problem or takes too long, you may be able to get it fixed by someone else and recover the costs from the seller depending on the circumstances.
Major failures to comply with a consumer guarantee cannot normally be fixed or resolved easily. In this case, you can choose one of the remedies set out below:
Remedies for major failure with goods and Remedies for major failure with services
Return the product and ask for a refund. Cancel the contract and pay a reasonable amount for the work done, or seek a refund.
Return the product and ask for an identical replacement, or one of similar value if reasonably available. For money already paid, keep the contract and negotiate a reduced price for the drop in value of the service — this may mean asking for some of your money back if you have already paid.
Keep the product and ask for compensation for the drop in value caused by the problem.
For services, there is a major failure to comply with a consumer guarantee when:
You would not have engaged the service if you had known the nature and extent of the problem.
The service does not meet the reasonable expectations for that type of service, and the problem cannot be rectified within a reasonable time.
You told the supplier that you wanted the service for a specific purpose, which was not fulfilled, and the problem could not be easily rectified within a reasonable time.
You told the supplier that you wanted a specific result, yet the service and end result failed to meet your specifications and could not be easily rectified within a reasonable time.
The supply of the service has created an unsafe situation.
For information on Australian consumer laws, please visit the Australian consumer law website.