DIGITAL SUBSCRIPTION TERMS
1. Kobo Plus
Your use of the Kobo Plus Subscription Service is subject to the rules of the service set out herein, which Booktopia may vary from time to time on its website. Your continued use of the Kobo Plus service constitutes acceptance of the rules.
Kobo Plus subscribers may read their choice of eBooks from a selected set of Digital Content for a monthly fee. The Digital Content available to subscribers will vary and Booktopia makes no guarantees about the availability of such Digital Content. Refer to 'Digital Content' in Booktopia's Terms of Business regarding this policy.
Consumer Guarantees
The Subscription comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Subscription, you are entitled:
- to cancel the Subscription; and
- to a refund for the unused portion, or to compensation for its reduced value
You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your Subscription and obtain a refund for the unused portion of the Subscription.
Trial Subscriptions
If you purchase a Kobo Plus subscription that includes a free trial, you will receive access to the Kobo Plus Digital Content for the duration of the free trial period. At the end of your free trial period, Booktopia will charge or debit the payment method provided at the time of your order, and you will be billed per the cycle stated at the time of your order.
If you do not want to keep the subscription following the free trial and do not want to incur any charges, to avoid having your payment method charged you must cancel the subscription prior to the end of your trial period.
Membership Cancellation
You may cancel your membership by using the 'Cancel Subscription' button within the Kobo Plus 'My Subscriptions' section. Except as otherwise set out in these Terms, and Booktopia's Terms of Business, if you cancel your membership, you will not receive a refund of any membership fees already paid. You will still have access to the Digital Content until the end of the membership term period that has been paid, at which time your membership expires. When your membership expires, the Digital Content associated with your subscription account will revert to the preview version of the Digital Content on all your devices and applications.
Restrictions
Restrictions apply on the number of eBooks the Subscription User can simultaneously read at one time. Subscribers can read a maximum of 15 eBooks simultaneously for offline reading. If the Subscription User has already opened 15 eBooks when they attempt to open another eBook, they will be unable to do so, and will be prompted to go online. Booktopia reserves the right to unilaterally alter these offline reading rules without notice.
Booktopia may also take steps to prevent fraud, such as restricting the number of titles that may be accessed at one time, and monitoring Customer accounts for any activity that may violate these Terms. If Booktopia discovers any type of fraud, Booktopia reserves the right to take enforcement action including the termination or suspension of a User's account.
Fees
Kobo Plus fees are set by Booktopia and may vary from time to time. Booktopia will notify you at least thirty (30) days in advance of any changes to the Kobo Plus fees.
Kobo Plus subscription fees are non-refundable for change of mind.
You may cancel your subscription at any time by indicating so in your Booktopia account and your subscription will be terminated on the first day of the next monthly billing period.
Payment
Booktopia will charge or debit your payment method immediately at the end of the trial period, for the full amount of the Kobo Plus monthly subscription, including any applicable taxes. A confirmation invoice will be issued and available in your Booktopia account.
Following the initial payment, unless you cancel your subscription, you will be charged the then-applicable membership fees and any taxes, using the payment method we have on file for you.
2. Retailer TERMS OF USE
1. Definitions
1.1. In these Terms will apply:
"Subscriber":
"Subscription":
"Terms and Conditions":
"Collection":
"eBook":
"Terms of Use":
"Privacy Policy":
2. Applicability
2.1. These Terms of Use apply to the Subscription and complement the Terms and Conditions of Booktopia. When the Subscriber starts the Subscription, he/she expressly agrees to these Terms.
3. Starting the Subscription
3.1. A Subscription can be entered into by any private individual with a customer account with Booktopia.com.au, a home address in Australia and a credit or debit card account. A subscription cannot be entered into with a business, government or education account.
3.2. A Subscription is entered into by going through the subscription process on the Booktopia.com.au website.
3.3. The Subscription starts immediately after Booktopia has confirmed the Subscription to the Subscriber via email, on the email address provided by the Subscriber.
4. Modifications of the Collection
4.1. Booktopia reserves the right to unilaterally modify the Collection by adding eBooks to, or removing eBooks from, the Collection.
4.2. If Booktopia removes an eBook which has been downloaded by the Subscriber, then this eBook will remain available to the Subscriber except in those cases where this cannot be reasonably expected from Booktopia or its suppliers – for instance, where the supplier no longer holds the rights to distribute the eBook (in which case Booktopia will take reasonable endeavours to provide the Subscriber with reasonable prior notice of the removal if possible). If the Subscriber removes the eBook from his/her electronic devices during this period, Booktopia is not required to make that eBook available again.
5. Fees
5.1. Booktopia may not unilaterally modify the price of the Subscription.
6. Liability
6.1. Booktopia and its suppliers make every effort to enable the Subscriber to use the Subscription with as little disruptions as possible, and to keep any interferences which can negatively impact the availability of the Subscription to a minimum. Nevertheless, the Subscriber acknowledges that the availability of the Subscription can temporarily be less than optimal, due to interferences.
7. Duration and Termination
7.1. The Subscription is entered into for an indefinite period and can be terminated at all times. The Subscriber may terminate the Subscription by indicating through his/her Booktopia account that he/she wishes to terminate the Subscription.
7.2. If the Subscriber has indicated in his/her Booktopia account that he/she wishes to terminate the Subscription, the Subscription will end on the first day of the next monthly billing period. The notice of termination is therefore one month at most. Upon the end of the Subscription, Subscriber will no longer have access to the Collection nor to the eBooks downloaded by Subscriber on its device(s).
7.3. Booktopia reserves the right to terminate the Subscription and to deny access to the Collection with reasonable prior notice if Booktopia believes in good faith:
- the Subscriber is acting in violation of these Terms of Use and the Subscriber has not remedied the violation after 30 days of receiving notice from Booktopia to remedy the violation,
- Booktopia was unable to collect the payment from the account provided by the Subscriber,
- the Subscriber entered into a statutory debt restructuring arrangement under the Bankruptcy Act,
- Subscriber has outstanding payments to Booktopia which have been transferred to a debt collector, or
- Subscriber's Booktopia customer account has been blocked.
Termination of the Subscription based on this article does not affect the payment obligation of the Subscriber until the moment of termination.
7.4. Additionally, Booktopia reserves the right to terminate the Subscription with immediate effect if Booktopia or its suppliers are no longer authorised, for any reason, to issue eBook licenses. Booktopia will take reasonable endeavours in the circumstances to provide the Subscriber with as much notice as possible prior to the termination.
7.5. Booktopia reserves the right to terminate the Subscription unilaterally, with a notice period of thirty (30) days to the Subscriber, should it, and/or its suppliers, decide, for their own reasons and in good faith, that they do not wish to offer the Subscription anymore.
7.6 If the Subscription is terminated under articles 7.4 and 7.5, Booktopia will refund the Subscriber of any prepaid, unused Fees within thirty (30) days of the termination date, to the extent the Fees relate to a period after the termination date.
8. Intellectual property and licenses
8.1. The intellectual property rights to the Subscription and/or the eBooks are held by the copyright owner. By entering into the Subscription, the Subscriber obtains a non-exclusive, non-transferable (sub) license to read the eBooks offered by Booktopia under the Subscription. Nothing in these Terms of Use shall be interpreted as a transfer of intellectual property of the copyright holder to the Subscriber.
8.2. Publication or reproduction of the eBooks is reserved to the copyright holder. It is not allowed to bypass the technical protective measures that are incorporated in the eBooks, the Booktopia app or the eReader, except to the extent that the Australian Copyright Act gives the right to do so in particular situations, where that right cannot be excluded or modified by contract.
8.3. Restrictions apply on the number of eBooks the Subscriber can simultaneously read at one time offline. Each Subscription is allowed to be used by a maximum of six (6) suitable electronic devices simultaneously. On each of these devices, the Subscriber can download and read fifteen (15) eBooks simultaneously offline. If the Subscriber while offline has already opened fifteen (15) eBooks when he/she attempts to open another eBook, the eBook will not open, and he/she will be prompted to go back online.
8.4. In order to use the Subscription, the electronic device(s) need to connect to the internet at least every thirty (30) days.
9. Miscellaneous Terms
9.1. If one or more of these Terms of Use should prove to be void, invalid or otherwise unenforceable, the remaining provisions of these Terms of Use shall remain in full force.
9.2. The fact that Booktopia doesn't directly exercise one or more of its rights in the context of these Terms of Use shall never be considered a waiver of the right(s) concerned.
10. Modifications of these Terms of Use
10.1. Booktopia reserves the right to modify these Terms of Use periodically by giving prior 30 days’ notice to the Subscriber. During this notice period, the Subscriber may choose to terminate their Subscription in accordance with articles 7.1 and 7.2. After the notice period, Booktopia will publish the modified Terms of Use on www.Booktopia.com.au. If the Subscriber continues to use the Subscription after modification of the Terms of Use, then the Subscriber is deemed to agree to the modified Terms of Use.
11. Applicable Law
11.1. These Terms of Use are subject to the law of New South Wales, Australia.