Terms of service

Last updated: 19 December 2024

1. Introduction

Welcome to Vittra Publishing. These Terms and Conditions ("Terms") govern your use of our website vittrapublishing.com (the "Site") and the purchase of products and services from Vittra Publishing ("we", "us", or "our").

Business Details:

  • Business Name: Vittra Publishing
  • ABN: 95 935 225 064
  • Email: hello@vittrapublishing.com
  • Address: PO Box 68, Grange QLD 4051, Australia

By accessing our Site, making a purchase, or using our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Site or services.

2. Changes to Terms

We reserve the right to update or modify these Terms at any time. Changes will be effective immediately upon posting to the Site with an updated "Last updated" date. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

3. Products and Services

3.1 Available Products

We offer the following products:

  • Physical books (children's books and other publications)
  • Digital products (including ebooks, activity sheets, printables, and other downloadable content)
  • Merchandise including tote bags, vinyl stickers, and fabric markers
  • Future products as we expand our offering

3.2 Services

We offer services including:

  • Author readings
  • School visits
  • Workshops and educational programs

Specific terms, pricing, and booking conditions for these services will be provided at the time of booking. All bookings are subject to availability and our approval.

3.3 Product Descriptions

We make every effort to display our products as accurately as possible, including colours, descriptions, and specifications. However, we cannot guarantee that your device's display will accurately reflect the actual colours or appearance of products. Minor variations may occur between product images and the actual items.

4. Pricing and Payment

4.1 Pricing

  • All prices are displayed in Australian Dollars (AUD) unless otherwise stated
  • Prices are subject to change without notice
  • Price changes do not affect orders that have already been placed and confirmed
  • Prices do not include GST

4.2 Payment Methods

We accept payment through Shopify Payments, which supports various payment methods including credit cards, debit cards, and other options displayed at checkout.

4.3 Payment Processing

  • Payment is required at the time of order
  • Your payment will be processed securely through our payment provider
  • Payment card details are handled directly by Shopify Payments and are not stored by Vittra Publishing

4.4 Order Limits

  • Minimum order quantity: 1 item per product
  • Maximum order quantity: 50 items per product
  • For bulk orders exceeding these limits, please contact us directly at hello@vittrapublishing.com

5. Orders and Order Confirmation

5.1 Placing Orders

When you place an order through our Site, you are making an offer to purchase products subject to these Terms.

5.2 Order Acceptance

  • We will send you an order confirmation email acknowledging receipt of your order
  • We reserve the right to cancel orders in exceptional circumstances, such as pricing errors, product unavailability, payment issues, or suspected fraudulent activity
  • If we cancel your order, we will notify you promptly and provide a full refund

5.3 Ownership Transfer

Ownership of products transfers to you upon payment, subject to our right to cancel orders as described above. However, risk of loss and damage passes to you upon delivery (see Shipping Policy for details).

6. Shipping and Delivery

We currently ship only within Australia using Australia Post as our shipping partner.

6.1 Key Shipping Information

  • Orders are typically dispatched within 3 business days (weekdays excluding Queensland public holidays)
  • Standard Post: 2-8 business days delivery
  • Express Post: 1-4 business days delivery
  • All orders include tracking
  • Signature on delivery available for an additional fee

6.2 Full Shipping Policy

For complete details about shipping methods, costs, delivery times, and international availability, please refer to our separate Shipping Policy.

7. Returns, Refunds and Consumer Guarantees

7.1 Australian Consumer Law

Our products come with guarantees that cannot be excluded under the 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. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.

7.2 Our Returns Policy

  • We do not accept returns for change of mind
  • We accept returns for damaged, defective, or incorrect items in accordance with Australian Consumer Law
  • You must contact us within 30 days of delivery to report any issues
  • Digital products (including ebooks, activity sheets, printables, and other downloadable content) cannot be returned once the download link has been sent, except for technical issues or if the product does not match its description

7.3 Full Refund Policy

For complete details about returns, refunds, and how to report issues, please refer to our separate Refund Policy.

8. Intellectual Property Rights

8.1 Ownership

All content on this Site, including but not limited to text, graphics, logos, images, book content, illustrations, and software, is the property of Vittra Publishing or our content suppliers and is protected by Australian and international copyright laws.

The books we publish, including all text and illustrations, are protected by copyright. All rights are reserved.

8.2 Personal Use and Social Media Sharing

You may:

  • Share photos of individual pages or spreads from our books on social media for personal, non-commercial purposes
  • We encourage you to tag us and use our hashtags:

8.3 Prohibited Uses

You may not:

  • Reproduce substantial portions or entire books
  • Use our content for commercial purposes without written permission
  • Create derivative works based on our content
  • Reproduce, distribute, modify, or publicly display our content except as expressly permitted
  • Remove or alter any copyright notices or proprietary markings

8.4 Permission Requests

For commercial use, licensing enquiries, or permission to use our intellectual property beyond personal social media sharing, please contact us at hello@vittrapublishing.com.

9. User-Generated Content and Reviews

9.1 Submission of Content

By submitting reviews, ratings, comments, photos, or other content to our Site (including through our review platform Judge.me), you grant Vittra Publishing a non-exclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, adapt, publish, and display this content in our marketing materials, on our website, and on our social media channels.

9.2 Attribution

We will provide attribution where practical when using your content in our marketing materials.

9.3 Content Standards

You agree that any content you submit:

  • Is accurate and not misleading
  • Does not infringe any third party's intellectual property or privacy rights
  • Does not contain offensive, defamatory, or inappropriate material
  • Complies with all applicable laws

9.4 Right to Remove

We reserve the right to remove, edit, or refuse to post any user-generated content that violates these Terms or that we deem inappropriate for any reason.

10. User Accounts

10.1 Account Security

  • Our Site uses email-based authentication with one-time sign-in codes
  • You are responsible for maintaining the confidentiality of your email account
  • You must notify us immediately of any unauthorised access to your account
  • You are responsible for all activities that occur under your account

10.2 Account Conduct

You agree not to:

  • Share your account access with others
  • Create multiple accounts for fraudulent purposes
  • Provide false or misleading information

10.3 Shopify Platform

Our Site is hosted on Shopify. Your use of the Site is also subject to Shopify's Acceptable Use Policy and Terms of Service.

11. Prohibited Uses

You agree not to use our Site or services to:

  • Violate any laws or regulations
  • Infringe intellectual property rights
  • Transmit harmful code, viruses, or malware
  • Attempt to gain unauthorised access to our systems
  • Scrape, harvest, or collect data from the Site using automated means
  • Interfere with or disrupt the Site's functionality
  • Engage in fraudulent activities or identity theft
  • Harass, abuse, or harm others
  • Post false, misleading, or deceptive content

We reserve the right to terminate or suspend your access to our Site if you engage in any prohibited activities.

12. Third-Party Links and Services

Our Site may contain links to third-party websites or services that are not owned or controlled by Vittra Publishing. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We encourage you to review the terms and privacy policies of any third-party sites you visit.

13. Disclaimer of Warranties

To the maximum extent permitted by law, our products and services are provided "as is" and "as available" without warranties of any kind, either express or implied, except for the consumer guarantees provided under Australian Consumer Law which cannot be excluded.

We do not warrant that:

  • The Site will be uninterrupted, secure, or error-free
  • The results obtained from using the Site will be accurate or reliable
  • The quality of any products, services, or information obtained through the Site will meet your expectations

14. Limitation of Liability

14.1 Maximum Liability

To the maximum extent permitted by law, Vittra Publishing's total liability for any claims arising from your purchase or use of our products or services is limited to the amount you paid for the specific product or service that gave rise to the claim.

14.2 Exclusion of Consequential Damages

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from your use of our products or services.

14.3 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies that you may have under the Australian Consumer Law or other applicable laws that cannot be excluded, restricted, or modified by agreement.

14.4 No Admission of Liability

Nothing in these Terms constitutes an admission of liability for any claim. In the event of any incident, please contact us at hello@vittrapublishing.com. We will assess all claims in accordance with our legal obligations and insurance requirements.

15. Indemnification

You agree to indemnify and hold harmless Vittra Publishing from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

  • Your use of the Site or services
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Any content you submit or share

16. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which complies with the Australian Privacy Principles under the Privacy Act 1988 (Cth).

Please review our Privacy Policy to understand how we handle your personal information.

17. Dispute Resolution

17.1 Informal Resolution

If you have any dispute or complaint about our products, services, or these Terms, please contact us first at hello@vittrapublishing.com. We will make reasonable efforts to resolve the issue through good faith negotiations.

17.2 Governing Law and Jurisdiction

These Terms are governed by the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts located in Queensland for the resolution of any disputes.

17.3 Consumer Rights

Nothing in this dispute resolution section affects your rights under Australian Consumer Law to take action through consumer protection agencies or tribunals.

18. Force Majeure

We will not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemic, labour disputes, supply chain disruptions, or failure of third-party service providers.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

20. Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

21. Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, and Shipping Policy, constitute the entire agreement between you and Vittra Publishing regarding your use of the Site and purchase of products or services, and supersede all prior agreements and understandings.

22. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to any party at any time without notice to you.

23. Survival

Provisions of these Terms that by their nature should survive termination will survive, including but not limited to intellectual property rights, limitation of liability, indemnification, and dispute resolution clauses.

24. Special Provisions for Digital Products

24.1 Digital Products

  • Digital products (including ebooks, activity sheets, printables, and other downloadable content) are delivered via email with download links
  • You are granted a non-exclusive, non-transferable license to use digital products as specified in the product description and copyright notice on each item
  • Educational Use: Some digital products may be designated as free for educational use in homes, classrooms, and educational settings, as indicated on the product itself. Where permitted, you may print multiple copies for educational purposes.
  • Personal Use Only: Other digital products are licensed for personal use only and may not be reproduced or shared
  • Not for Resale: You may not resell, redistribute for profit, or use any digital products for commercial purposes, regardless of their educational use designation
  • You may not share digital download links or distribute digital files to others
  • Digital products cannot be returned once the download link has been sent, except for technical issues or if the product does not match its description
  • We are not responsible for download failures due to your internet connection or device compatibility

25. Product Availability and Discontinuation

We reserve the right to discontinue any product at any time without notice. We do not guarantee that any product will always be available. In the event a product is unavailable after you place an order, we will notify you and offer a refund or alternative product.

26. Contact Us

If you have any questions about these Terms and Conditions, please contact us:

Email: hello@vittrapublishing.com
Address: Vittra Publishing, PO Box 68, Grange QLD 4051, Australia
ABN: 95 935 225 064

Acknowledgment: By using our Site and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.