TERMS AND CONDITIONS

These terms and conditions (the “Terms and Conditions”) govern the use of www.nickbrumbywesterns.com (the “Site”). This Site is owned and operated by Nick Brumby. This Site is an ecommerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Agree to emails ​

By downloading or purchasing an item from the Site, you actively and specifically consent to receiving marketing emails from Nick Brumby. You may unsubscribe at any time.

Intellectual Property

All content published and made available on our Site is the property of Nick Brumby and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

• Violate the intellectual property rights of the Site owners or any third party to the Site;
• Act in any way that could be considered fraudulent; or
• No copying of images or text. These are copyright 2024 Nick Brumby. All rights reserved.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

Accounts

When you create an account on our Site, you agree to the following:

• You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
• All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Goods

These Terms and Conditions govern the sale of goods available on our Site.

The following goods are or will be available on our Site:

Ebooks, audiobooks, print books, merchandise.

These Terms and Conditions apply to all the goods 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 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 we provide. You agree to purchase goods from our Site at your own risk.

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

We accept the following payment methods on our Site:

Credit Card; PayPal; Google Pay, Apple Pay.

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.

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

When you purchase goods from our Site, the goods will be delivered through one of the following methods: ​

• Digital goods are delivered instantly by an email from BookFunnel
• Print books are delivered by shipping.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient if physical goods. 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.

Refunds

Refunds for Goods: Refund requests must be made within 48 hours after download of your goods.

For ebooks and audiobooks, no refund can be given. Please choose carefully. Refunds only given if you buy a duplicate item within 48 hours of first purchase in which case the duplicate item will be refunded.

Refunds do not apply to the following goods:

Digital goods: ebooks and audiobooks.

Consumer Protection Law

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 not limit your legal rights and remedies under that legislation. 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.

Limitation of Liability

Nick Brumby and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Nick Brumby and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the State of Victoria.

Additional Terms

By downloading or purchasing an item, you agree to receive email marketing. You can unsubscribe at any time.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

______________________________________

nick@nickbrumbywesterns.com

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Effective Date: 1st day of March, 2024