Note on Costs:
- All service costs are in Australian dollars AUD.
- All CreateSpace purchases are in United States dollars USD.
- All Bookstore purchases are in Australian dollars AUD.
- Customer activates services request – $ 50 SEE PROCESS
- Porcupine Press Australia speaks to Author or vice versa about what the Author wants.
- Porcupine Press reviews manuscript or book.Porcupine Press South Africa determines whether or not the book is ready for publishing.If it is not – Author would need to resubmit.
- Book is formatted for CreateSpace or IngramSpark and KDP.
- If it is approved, Author signs a grant of rights letter and we proceed to Full payment and Full service description with Porcupine Press Australia.
- Customer purchases 6 (six) month initial book management service for $ 900 (Full package, excludes book production services)with $ 200 AUD of Free social media advertising/ KDP advertising or Google Adwords.SEE PROCESS.
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 Porcupine Press Australia and set up an Account). The term “User” refers to a Visitor or a Member.
You represent and warrant that you are authorised to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.
In order to participate in or receive certain Services, you may be required to download 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 in connection with a Service, the latter shall have precedence with respect to your use of that area of the Website, or Service.
Porcupine Press Australia 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 Porcupine Press Australia on the Website, (2) for existing Users, thirty (30) days after posting by Porcupine Press Australia on the Website, or (3) for existing Members, if the modifications to the Agreement are material, thirty (30) days after Porcupine Press Australia 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.
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 Porcupine Press Australia Account (the “Account”) may be deleted without warning if we believe that you are younger than thirteen (13).
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 Porcupine Press Australia Account” page. Porcupine Press Australia 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, From order acceptance onwards of this Agreement will remain in effect. You understand that termination of this Agreement and your Account involves deletion of your Porcupine Press Australia profile information from our live databases as well as any Content that you uploaded to the Porcupine Press Australia Website or App using such Account. Porcupine Press Australia will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.
You acknowledge that Porcupine Press Australia reserves the right to charge for Services and to change its fees from time to time in its discretion, upon posting by Porcupine Press Australia 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 Porcupine Press Australia as set forth on the Website or by invoice..
. You agree to pay all fees and charges incurred in connection with your orders and purchases and services(including any taxes imposed on your orders and purchases, including, but not limited to, sales, use or General sales Tax or value-added taxes at the rates in effect when the charges were incurred. Porcupine Press Australia 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 Porcupine Press Australia 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.
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:via Porcupine Press Australia’s Contact Page. If Porcupine Press Australia does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Porcupine Press Australia or its agents.
All sales of Books and other products are subject to Porcupine Press Australia’s then-current return policies, as posted on the Website. See Returns Policy Page see store.
You agree to the terms and conditions for discounts and coupons provided that Porcupine Press Australia offers (“Discounts and Coupons”) as may be found on the page and which are hereby incorporated by reference and may be amended from time to time by Porcupine Press Australia in its sole discretion.
Your receipt of an electronic or other form of order confirmation does not signify Porcupine Press Australia’s acceptance of your order, nor does it constitute confirmation of our offer to sell. Porcupine Press Australia reserves the right at any time after receipt of your order to accept or decline your order for any reason. Porcupine Press Australia 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 Porcupine Press Australia upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.
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.
When you sign up to become a Member | Subscriber, 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 Porcupine Press Australia immediately if you suspect any unauthorised use of your Account or access to your password. You are solely responsible for any and all use of your Account.
. Porcupine Press Australia 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 Order Support within seven ( 7) days of your receipt thereof in accordance with the Return Policy.
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. 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, colour 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 utilized in 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. 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. 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.
. TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, MOST IMPORTANTLY AUSTRALIAN CONSUMER LAW (A) THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 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 firstname.lastname@example.org or the Contact page.
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.
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.”
You agree to defend, indemnify, and hold Porcupine Press Australia 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.
The communications between you and Porcupine Press Australia use electronic and phone means (Skype, telephone, website, e-mail, social media) , whether you visit the Website or otherwise use the Service or send Porcupine Press Australia e-mails, or whether Porcupine Press Australia posts notices on the Website or communicates with you via e-mail. The same applies to Porcupine Press South Africa at the clients/ Authors expense.. For contractual purposes, you (a) consent to receive communications from Porcupine Press Australia in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Porcupine Press Australia provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
This Agreement shall be governed by the laws of the State of Western Australia without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and Porcupine Press Australia agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in Perth, Western Australia, Australia and the federal courts located in the rest of the country.in such a legal action or proceeding. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than five thousand Australian Dollars (AUDS$ 5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, Porcupine Press Australia may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from Western Australia law, including the laws governing what can legally sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the Services and your purchase of Books and other products from the Porcupine Press Australia Services.
Porcupine Press Australia 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 Porcupine Press Australia, or by written communication sent by first class mail or pre-paid post to your address on record with Porcupine Press Australia. 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 Porcupine Press Australia, addressed to the attention of its Owner and Sole Trader (such notice shall be deemed given when received by Porcupine Press Australia) at any time by any of the following: letter sent by confirmed e-mail to Porcupine Press Australia at the following e-mail address: email@example.com, letter delivered by nationally recognised overnight delivery service or first class postage prepaid mail to Porcupine Press Australia at the following address: Owner/ Sole Trader, Porcupine Press Australia. 4 Arthog street, Butler Perth, 6036 Western Australia.
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.”
Copyright/Trademark Information. Copyright © 2017, Porcupine Press Australia (Porcupine Press Australia) All rights reserved. The Australian Business Name, logos displayed on the Website or in connection with the Services are the property of Porcupine Press Australia 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.
International Provisions. The following provisions shall apply only if you are located in the countries listed below.
United Kingdom. A third party who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
Germany. Notwithstanding anything contrary in Section 15, Porcupine Press Australia is also not liable for acts of simple negligence (unless they cause injuries to or death of any person).