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TERMS & CONDITIONS

1.1 The Terms and Conditions ('Terms') set out below govern your use of www.milkbooks.com (the 'Website'). If you do not agree to these Terms, you must not use this Website or any services available on or through this Website ('Services'). These Terms are a legal, binding contract between you, the Website user ('you', 'your'), and MILK Tailor Made Books Limited ('MILK', 'we', 'our', 'us'). By using the Website or any Services you acknowledge and agree that you have read these Terms, understand them, and agree to be bound by them.

1.2 The Services are operated by MILK with a registered office in New Zealand. You agree to comply with all local and national laws, statutes, ordinances, and regulations that apply to your use of the Services.

1.3 Subject to mandatory national laws to the contrary, all transactions on the Services and these Terms shall be governed by the laws of New Zealand. Your use of the Services may also be subject to other laws. The parties shall submit to the non-exclusive jurisdiction of the New Zealand courts and agree that the courts of New Zealand are a convenient forum for the purpose of hearing any dispute in relation to these Terms.

1.4 MILK reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of this Website or the Services. Such modifications and additional terms and conditions will be effective immediately and are incorporated into these Terms with immediate effect. Your continued use of this Website or the Services following any change will be deemed acceptance thereof.

1.5 You acknowledge that, because some aspects of the Services, Product, and administration of the Terms entails the ongoing involvement of MILK, if MILK changes any part of the Services, this Website, or any Product, which it may do at its sole discretion, you may not be able to use the Services, this Website, or the Products in precisely the same manner as you could prior to such change, and that MILK shall have no liability to you in such case.

1.6 MILK is licensed by the owner of the MOLESKINE® brand and trademarks (“MOLESKINE”) to use the MOLESKINE brand and trademarks on the Website; to use the MOLESKINE brand and trademarks in the name and brand MOLESKINE+MILK; and to offer you, and produce for you, your own MOLESKINE® customer created printed and digital books and albums (“Moleskine® Photo Books”). The relationship between MOLESKINE and MILK is that of Licensor/Licensee, and there is no franchise, agency or partnership.  MOLESKINE is not an affiliate of MILK.  By registering as a Website user and purchasing products from the Website, whether Moleskine® Photo Books or MILK Photo Books, or any other MOLESKINE or MILK product offered on the Website, you are contracting exclusively with MILK. 

YOUR ACCOUNT

2.1 To use certain Services you may be required to establish an account ('Account'). The Website uses Open ID to manage Account logins. The Website may enable you to use an existing Facebook, Yahoo, Google, or MyOpenID account, or to create a new MILK login. You agree to provide accurate and complete information when you register with, and as you use, the Services ('Registration Data'), and you agree to update your Registration Data to keep it accurate and complete. You agree that MILK may store and use any Registration Data you provide for use in maintaining your Account. At all times your personal information will be treated in accordance with MILK's Privacy Policy.
       
2.2 The Website does not store any passwords for third party account logins. You acknowledge that if you forget which third-party account you used to create your MILK Account, the Website can tell you only which one of the four options was used when you established your Account. You acknowledge that should you require password recovery for any third party account login, that this will occur via the relevant third-party provider, and that MILK has no responsibilities regarding password recovery.

2.3 If you forget your password for a MILK account, an email will be sent to the email address associated with your Account prompting you to reset their password.

2.4 You must not reveal information regarding your Account to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account. You agree to notify MILK immediately of any breach of security related to your Account. MILK shall not be responsible for any losses or damages arising out of any unauthorized use of your Account.

2.5 You acknowledge that we reserve the right to expire your Account after 90 days of inactivity of the Services.

PRODUCT & USAGE TOOLS

3.1 This Website may, from time to time, allow you to create  and purchase one or more of the following items:

a)  a printed MILK Tailor Made Book;
b)  a digital version of a MILK Tailor Made Book, including any video comprised in the book,  on a storage device of a type determined by MILK (for example, a digital versatile disc);
c)  an online viewable 'flip book' version of a completed MILK Tailor Made Book (including any video comprised in the book); or
d) a downloadable 'flip book' version in PDF format  of a completed MILK Tailor Made Book (excluding video content),(each a 'Product').
 
3.2 You agree that the Services and Products may include security technology that limits your use of Products and that, whether or not Products are limited by security technology, you shall use Products in compliance with the applicable usage rules established by MILK and its licensors ('Usage Rules'), and that any other use of the Products may constitute a copyright infringement. Any security technology is an inseparable part of the Products, for example, the fonts and page layouts which are proprietary to MILK are embedded in the Website and Products for copyright protection. MILK reserves the right to modify the Usage Rules at any time.

3.3 Usage Rules may be controlled and monitored  by MILK for compliance purposes, and MILK reserves the right to enforce the Usage Rules at any time without notice to you. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the Product. You acknowledge that any violation of system or network security may result in civil or criminal liability.

 

ORDERING

4.1 We may allow you to order Products through this Website. This Website and the information on it constitute an invitation to treat and not an offer to supply Products. When you order Products from us, this constitutes an offer from you to buy those Products in accordance with these Terms. Only when we have accepted your order by notifying you in accordance with these Terms shall a contract be formed between you and us.           

4.2 You may order Products from us by completing and  submitting the order form on this Website. You must provide all required information (including your name, physical address and email address) or we might not be able to process your order.

4.3 No order shall be deemed accepted by us until we have sent you an order confirmation. Our order confirmation will confirm details of your order and tell you when your order will be available for download (for downloadable Products), or when we shall despatch your order (for physical Products). If you do not receive our notification within two (2) days please contact us via email at moleskinemilk@milkbooks.com.

4.4 We reserve the exclusive right to accept or reject any order submitted by you for any reason whatsoever and in whole or in part, including if adequate facilities or resources are not available to fulfil your order. If we reject your order (or part of your order), any money paid by you in relation to the rejected part of that order shall be refunded and we shall have no further liability to you in relation to the rejected part of that order.

5.1 The price payable by you for any Product ordered by you (the 'Price') shall be the price quoted on this Website at the time your order is submitted, together with the applicable shipping fees for tangible Products (which are payable in addition to the price of the Products). We may vary any Price on this Website at any time and without notice to you.

5.2 Prices do not include import fees, duties, tariffs, taxes or other imposts or charges  which may be payable in relation to your order including goods and services tax and other value-added taxes. You shall be liable to pay any import fees, duties, taxes, and other imposts or charges which are payable in relation to your order.

5.3 Except where specifically stated in relation to a particular product, the prices for the Products are stated and are payable in United States dollars (USD).

6.1 Payment processing for Products ordered through this Website is managed by PayPal. If you order a Product through the Website, you agree to pay MILK the Price through a PayPal account or by using a valid credit card. You agree to provide MILK with all valid credit card or PayPal account information we request. You will be liable for all debt collection costs where you fail to make payment for any order.

6.2 Currency conversion rates between will be calculated according to a standard conversion rate of that same payment day. 

6.3 MILK may generate gift vouchers and promotional codes that may be used at the time of purchase of a Product for the value or discount stated on such gift vouchers or promotional code. You agree that MILK is not responsible for any loss or theft of any gift vouchers or promotional codes.

AVAILABILITY & CANCELLATION

7.1 All orders are subject to the availability of Products and materials. If for any reason a Product is not available, we will endeavour to notify the non-availability on this Website. We may revise the range of Products or the specification of any Product at any time and without notice to you.

7.2 Although we have endeavoured to ensure that the Product and pricing information provided on this Website is accurate, complete, and current, we do not provide any representations or warranties as to its accuracy, completeness or currency of information, and we shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this Website.

7.3 Where Products are listed on this Website with an incorrect Price or with incorrect information, we reserve the right to cancel your order (regardless of whether you have made payment for that order). Where you have already made payment for an order that is subsequently cancelled by us, we will refund the amount paid by you in relation to that order.

DELIVERY OF PHYSICAL PRODUCTS

8.1 Once we have confirmed our acceptance of your order for a physical Product, we will  endeavour to dispatch your order within ten (10) business days unless a different timeframe is specified in relation to a particular Product. If we are unable to dispatch your order within this timeframe we will endeavour to contact you and advise you of the expected dispatch date.

8.2 We do not deliver to Post Office Box or Private Bag addresses.

8.3 Delivery costs are calculated based on the type and number of items ordered and their destination. Delivery costs are added to the total Product Price and are determined by the Products ordered and the delivery method selected during ordering. Indicative shipping costs are available here.

8.4 All our Products are carefully packed for safe international delivery. Once your order  has been dispatched, delivery usually takes 3-7 business days depending on the delivery service or any customs clearances in the destination country). Although we will endeavour to meet delivery timeframes where possible, all delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery. We shall not be responsible for misdirected shipments if you have supplied an incorrect delivery address.

 8.5 If you do not receive your order you should contact the relevant freight services  provider in your delivery destination (as indicated by the tracking number for your order).

8.6 Once your order has been delivered to you (or has otherwise been delivered in accordance with your delivery instructions), you assume full responsibility for and risk in the Products.

REPLACEMENT POLICY

9.1 We endeavour to deliver a satisfactory Product to you, which is free from defects. However, we are not responsible for mistakes in the Product relating to content submitted to us including, without limitation, the quality of images submitted, the choice of page layouts, or spelling and grammatical mistakes, or the inclusion of any special characters and symbols not supported by the stated character sets.

9.2 If any Product arrives damaged or defective, please notify MILK via email to moleskinemilk@milkbooks.com within ten (10) days of your order being delivered to you. Please include your order number in that email message and, where possible, attach a digital photograph as evidence of the defect or damage. Subject to paragraph 9.1 above and subject to or compliance with this paragraph 9.2, MILK will replace any Product that is damaged or defective at the time of delivery. The above remedy is in addition to, and not in place of, your rights at law that cannot be lawfully excluded, including under the Consumer Guarantees Act 1993.

10.1 MILK values all customers’ privacy and is particularly concerned to ensure the privacy of minors – please see the relevant Privacy Policy here [Clause 8] 

10.2 The consent of a parent or guardian is required before any child under the age of 13 can use the Services. Use of any part of the Services is confirmation that the person is over the age of 13 or is a child whose parent or guardian has consented to that child's use of the devices. You agree that MILK shall not be held responsible in the event that an Account holder falsely claims or implies that such Account holder is 13 years of age or over. MILK may terminate with immediate effect the Account of any user if MILK becomes aware that such user is under the age of 13.

USER OBLIGATIONS & RESPONSIBILITIES

 11.1 Re-publication of the Website or its content is strictly prohibited. You are solely responsible for ensuring that each Product in your possession or control is not lost, destroyed, or damaged, and MILK shall not be liable to you in such circumstances.

11.2 You are solely responsible for all information that you submit into the Services. MILK has no obligation to proof, edit or change any of the content in any Product (including Products that you share online or submit to be printed). MILK is not obliged to correct low resolution images that may appear blurry in print, typographical errors, mistakes in grammar, unfinished text or other text errors, design issues (including choice of page layout, text style, or color), or any other creative choices that you make in relation to any Product. It is your responsibility to preview and proof each Product before ordering any Product. You acknowledge that the content of any Product you order cannot be edited once that order is sent to be printed.

11.3 You agree that you will not use the Services or any Product in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any person, and that the MILK is not in any way responsible for any such use by you, or for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of your use of the Services.

11.4 The Services may offer features that allow you to submit or upload materials for incorporation into the Product. You agree that any materials submitted by you are your sole responsibility and will not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be of obscene or objectionable content.

11.5 You also agree, warrant, and represent that you have obtained all necessary rights and licences to submit or upload such material for incorporation into the Product. MILK reserves the right to not publish any materials or to remove or edit any material, at any time in its sole discretion without notice or liability including any material we deem defamatory, unlawful, illegal, obscene or objectionable in any way. We also expressly disclaim any responsibility or liability for any material uploaded through the Website.

11.6 MILK has the right, but no obligation, to monitor any materials submitted by you or otherwise available on the Services, to investigate any reported or apparent violation of these Terms, and to take any action that MILK in its sole discretion deems appropriate, including, without limitation, termination hereunder.
  
11.7 You must not upload, post or otherwise transmit to the Website, Services, or Product any material that contains a software virus or any other computer code, file or program that might interrupt, destroy or limit the functionality of the Website, Services, Product, or any computer software or hardware or telecommunications equipment or do any other act which causes or contributes to the same.

USE OF SERVICES BY THIRD PARTIES

12.1 The Services may allow you to share via the Internet certain parts of your instance of a Product (e.g. the first ten (10) pages of your book). If you choose to share certain parts of your instance of a Product, you agree and consent to making this part of that Product publicly accessible and viewable. You also agree that MILK is not in any way responsible to you or any third party in relation to any use of such shared parts of the Product, including any use that violates the rights of any person.

12.2 The Services may allow you to permit third parties to submit material for incorporation into your instance of a Product. You may invite up to ten people to submit material for each instance of a Product. You are ultimately responsible for accepting or rejecting any material or content submitted by a third party. You agree, as the Account holder, that you are responsible for the actions of any third party who you invite to use the Services and their compliance with the Usage Rules. You also agree that any material or content submitted by a third party is subject to the same conditions as content submitted by you.

THIRD-PARTY MATERIALS, WEBSITES, & INTERFACES

13.1 Certain content, products, and services available via the Services (including the Product) may include materials owned by third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any person and that MILK is not in any way responsible for any such use by you. MILK may provide links to third-party websites as a convenience to you. You agree that MILK is not responsible for the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of any third-party materials or websites. MILK does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

13.2 The Services may use one or more application programming interfaces to access images and videos stored in Facebook, Flickr, Picasa, or other accounts. You acknowledge that:

a)  you may be required to grant certain permissions in order for the Services to be able to access those images or videos. This may require you to log into those third-party accounts; and

b)  you also may be subject to additional terms and conditions that apply when you use those accounts (or affiliate services, third-party content, or third-party software).

You should familiarize yourself with the terms of use of, and your personal settings and permissions for, those third-party accounts.

HARDWARE OR SOFTWARE REQUIREMENTS

14.1 In order to access the Services, you may be required to have the certain hardware and software specified by MILK from time to time. You are solely responsible for procuring such software and hardware at your cost.

14.2 Use of the Services requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed broadband Internet access is strongly recommended for regular use and is required for video. The latest version of the Adobe Flash software may be required to view and utilize the Product. You agree that compliance with these requirements, which may change from time to time, is your sole responsibility. The Services are not part of any other product or offering, and your purchase or receipt of any other product shall not be construed to represent or guarantee that you may access the Services.

INTELLECTUAL PROPERTY

15.1  MILK respects the intellectual property of others, and asks and expects you to do the same. MILK may, as appropriate and at its total discretion, terminate the user privileges of those users whose activities are determined by MILK infringe the intellectual property rights of MILK, MOLESKINE or others.

15.2 You retain all of your ownership rights in material or content you supply to MILK. By submitting or supplying any material or content to MILK (including through use of the Services), you grant MILK a worldwide, royalty-free, non-exclusive, irrevocable, transferable, perpetual, sub-licensable, licence to use, reproduce, copy, publish, and distribute any materials or content you supply to MILK as part of the Services or Product in relation to the provision of the Services, the Products, and this Website without any compensation or any obligation to you.

15.3 This Website or the Services may offer functionality that allows you to share with one or more third parties a copy of a Product (e.g. a feature that allows others see an electronic preview of your MILK Photo Book or Moleskine® Photo Book). If you use such functionality you hereby grant MILK a worldwide, royalty-free, non-exclusive, irrevocable, transferable, perpetual, sub-licensable, licence to copy, reproduce, distribute, communicate to public (including via Internet), publicly display, use, and otherwise make available the relevant Product (including all content and material therein), and any other data and information you provide to MILK, as required by MILK to provide such functionality and give effect to your choices in relation to use such functionality (as communicated to MILK through this Website).

15.4 You agree that:

a) and acknowledge that, the Services, including but not limited to the Product, artistic works, graphics, user interface, sound recordings, audio clips, film works, video clips, literary works, editorial content, computer programs, and the scripts and software used to implement the Services, contains proprietary information and material that is owned by MILK or its licensors (including, without limitation, MOLESKINE, and fabric designers who license MILK to use certain designs to print cover fabric for use in Products) who reserve all their rights in law and equity, and is protected by applicable intellectual property and other laws, (including, without limitation, copyright);

b) you will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with these Terms. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted in these Terms;


c) you will not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services (including the Product) in any manner, and you shall not exploit the Services in any way not expressly authorized by these Terms whatsoever.

15.5 Your creation or purchase of a Product does not transfer to you any commercial or promotional use rights in that Product. Customising, exporting or downloading the Product does not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any Product. The use of any part of the Services, except for use of the Services and production of each Product as permitted in these Terms, is strictly prohibited and infringes on the intellectual property rights of others and you acknowledge that such use may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.

15.6 MILK hereby grants you a limited, revocable, non-sublicensable license to reproduce in your web browser and publicly display your instance of a Product (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.

15.7 You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, attempt to derive the source code of, modify, or create derivative works of the Product or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Product) or otherwise tamper with any of the security technology related to such Usage Rules for any reason, or to attempt or assist another person to do so. Any attempt to do so is a violation of the rights of MILK or its licensors. If you breach this restriction, you may be subject to prosecution and damages.

15.8 MILK Tailor Made Books Limited logo, MILK Tailor Made Books, the MILK logo, and other MILK Tailor Made Books trade marks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of MILK or our licensors worldwide. MILK Tailor Made Books and the MILK logo are trademarks of PQ Blackwell Licensing Limited. Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of their respective owners. You are granted no right or licence with respect to any of the aforesaid trademarks or any use of such trademarks. Some elements used in connection with our Services are owned by third parties and have been used under license. See here for details. MILK acknowledges that certain photographs featured on this Website, including in the 'catalog' and 'inspiration' sections of this Website, have been supplied by MILK's photographers or by third party professional photographers.

15.9 Moleskine®, including the MOLESKINE name, logo, brand, and trademark,  is the registered trademark of Moleskine® S.r.l, which has licensed MILK to use the brand and trademark.   Your use of the Services, including your purchase of a Moleskine® Photo Book gives you no rights whatsoever to the MOLESKINE brand and trademark.

15.10 Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of their respective owners. You are granted no right or licence with respect to any of the aforesaid trademarks or any use of such trademarks. Some elements used in connection with our Services are owned by third parties and have been used under license. See here for details. MILK acknowledges that certain photographs featured on this Website, including in the 'catalog' and 'about' sections of this Website, have been supplied by MILK's photographers or by third party professional photographers.

15.11 The images of the Products reproduced on the Website include Intellectual Property owned by MILK, by MOLESKINE, and by third parties who have supplied images, text, fabric designs and other design elements.  We ask you to respect that Intellectual Property and by accepting these Terms and Conditions you agree to do so.

 

ARCHIVING POLICY & PUBLICITY

16.1 The Services may allow storage of your data and incomplete Products under your Account for ease of use. We will endeavour to store the data and incomplete Product for one (1) year for an active Account. You agree that MILK may delete data and Products stored if MILK determines (in its sole discretion) that an Account has become inactive. You agree that MILK may treat an Account that has not been accessed for 90 days as inactive. We are not responsible for reminding you to use your Account or keep it active, but may choose to do so at our discretion.

16.2 We intend to continue to store data that is incorporated into a purchased Product for a period of six (6) months from the date of purchase of that Product. You agree that MILK reserves the right to:

a) maintain and store the electronic files for any purchased Product to fulfil any further orders which may be placed for any such Product and to maintain an archival copy of any printed Product;

b) create limits on MILK's archiving of such data, including but not limited to the right to delete such data after a certain period without a purchase or to charge you for extended storage of such data.

We will contact you if we wish to highlight the content of your instance of a Product publicly on the Website.

TERMINATION

17.1 If you fail, or MILK suspects that you have failed, to comply with any of the provisions of these Terms, MILK, at its sole discretion, without notice to you may:

a) terminate these Terms or your Account; or
b) terminate your licence to use the Services; or
c) prevent your access to the Services (or any part thereof).

Upon termination of the above-mentioned licence, you shall cease all use of all online forms of each Product.

DISCLAIMER OF WARRANTIES

18.1 MILK Tailor Made Books may not be available in all languages or in all countries. MILK makes no representation that the Services or Product are appropriate or available for use in any particular location.

18.2 You acknowledge and agree that, due to the nature of the Internet and the Services, all products and services are to the maximum extent permitted by law provided 'as is', without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

18.3 MILK does not guarantee, represent, or warrant that your use of the Services (including the Product) will be uninterrupted or error-free. You agree that from time to time MILK may remove or suspend the Services for indefinite periods of time without notice to you. MILK does not represent or guarantee that the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and MILK disclaims any liability relating thereto.

18.4 You expressly agree that your use of, or inability to use, the Services is at your sole risk. Whilst MILK will make every effort to ensure the security and storage of any material that you submit or upload through the Website, you acknowledge that there is an inherent risk of loss of data for which MILK and its directors, officers, employees, affiliates, agents, contractors, or licensors are not liable. Because some states or jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.

18.5 MILK shall use reasonable efforts to protect information submitted by you in connection with the Services, but you agree that your submission of such information is at your sole risk, and MILK hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.

LIMITATIONS & EXCLUSIONS LIABILITY

19.1 MILK expressly disclaims any responsibility or liability for any material uploaded through the Website.

19.2 These limitations in this section 19 and in section 18 above may not apply to you. The laws of certain states or jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may also have additional rights.
   
19.3 Nothing in these Terms is intended to avoid the provisions of the New Zealand Consumer Guarantees Act 1993 except to the extent permitted by that Act, or to exclude liability arising under any other statute, if and to the extent that such liability cannot be lawfully excluded, and these Terms shall be modified to the extent necessary to give effect to that intention. If you are acquiring goods or services for the purposes of a business you agree that the guarantees provided in the Consumer Guarantees Act 1993 shall not apply. We do not provide any express guarantees (as that term is defined in the Consumer Guarantees Act 1993) other than those expressly confirmed in these Terms.

19.4 To the extent permitted by law, in no event shall MILK be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the Services, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if MILK has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall MILK's (including MILK's directors, officers, shareholders, employees, affiliates, agents, contractors, and licensors) total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

19.5 In some states or jurisdictions, limitation or exclusion of liability is only permitted where such limitation is fair and/or reasonable. You agree that MILK provides a comprehensive service at a fair cost and, having considered all matters, you agree that the limitations of liability set out in these Terms are fair and reasonable.

19.6 You and MILK agree that any cause of action arising out of or related to the Website or the Services must commence within one (1) year after the cause of action accrues otherwise, such cause of action is permanently barred.

WAIVER & INDEMNITY

20.1 By using the Services, you agree to indemnify and hold MILK, its directors, officers, shareholders, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms, your use of the Services, or any action taken by MILK as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred. MILK, its directors, officers, employees, affiliates, agents, contractors, and licensors shall not be liable to you as a result of any decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Services, or to take any other action during the investigation of a suspected violation or as a result of MILK's conclusion that a violation of these Terms has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by these Terms.

21.1 Correspondence to MILK must be sent by email to moleskinemilk@milkbooks.com. MILK may notify you with respect to the Services by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Services. Notices shall become effective immediately.

21.2 In the event that any provision of these Terms is held to be invalid or unenforceable by any arbitration, or other binding decision, the remainder of these Terms shall remain valid and enforceable.

21.3 We reserve the right to assign these Terms, and to assign, license or subcontract any or all of our rights and/or obligations under these Terms. You may not, without the written consent of MILK, assign, license or subcontract these Terms or any of your rights or obligations under it.

21.4 The Terms are only available in English.

21.5 MILK's failure to enforce any right or provisions in these Terms will not constitute a waiver of such right or provision or any other provision. Any amendment to or waiver of these Terms must be made in writing and signed by us.

21.6 You consent to receive communications from MILK electronically and agree that all agreements, notices, disclosures and other communications that MILK provides to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002.

21.7 MILK will not be responsible for failure to fulfill any obligation due to causes beyond its reasonable control.

21.8 Nothing in these Terms shall prevent us from complying with any law.

21.9 These Terms do not confer any third party beneficiary rights on any person.

21.10 Notwithstanding any other provision of these Terms, MILK and its licensors reserve the right to change, suspend, remove, or disable access to any service, products, content, or other materials comprising a part of the Services at any time without notice. In no event will MILK be liable to you or to any third party for exercising these rights. MILK may also impose limits on the use of or access to certain features or portions of the Services, in any case and without notice or liability.

21.11 MILK reserves the right to take steps MILK believes are reasonably necessary or appropriate to enforce or verify compliance with any part of these Terms. You agree that MILK has the right, without liability to you, to disclose any Registration Data or Account information to law enforcement authorities, government officials, or a third party, as MILK believes is reasonably necessary or appropriate to enforce or verify compliance with any part of these Terms (including but not limited to MILK's right to cooperate with any legal process relating to your use of the Services or Product, and/or a third-party claim that your use of the Services or Product is unlawful or infringes such third party's rights). 

21.12 These Terms, which incorporate our Privacy Policy, constitutes the entire agreement between you and MILK and supersedes any prior agreements.

PRIVACY POLICY

Your privacy is important to MILK Tailor Made Books Limited ('MILK', 'we', 'us', 'our') so we've developed this Privacy Policy ('Privacy Policy') that specifies how we collect, use, disclose, transfer, and store personal information that you provide to us. 'Personal information' is information about an identifiable individual.

Please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions. This Privacy Policy is to be read in conjunction with our Terms of Use. Unless the context otherwise requires, all terms used in this Privacy Policy that are defined in the Terms of Use have meanings given to those terms in the Terms of Use.

1 Collection of personal information

1.1 We may collect personal information from you when you use this Website. Specifically, when you create an Account we may collect personal information including, without limitation, your name, email address, phone number, mailing address, and contact preferences. You may decide not to provide your personal information to us. However, if you do not provide it, we may not be able to provide you with access to certain information, Products, or Services.

1.2 When you create a Product, you will be able to customize it by adding personal information in the form of text, images and video.

2 How we use your personal information

2.1 We will not use or disclose your personal information except in accordance with the New Zealand Privacy Act 1993. We may use your personal information:

a) to create the Products and provide the Services;
b) enable you to make purchases and to deliver those purchases to you;
c) assist in providing information, Products, and Services requested by you;
d) verify your identity and to assist you if you forget your password;
e) personalize this Website to your preferences;
f) to send important notices, such as communications about purchases and changes to our Terms, conditions, and policies. Because this information is important to your interaction with MILK, you may not opt out of receiving these communications;
g) for internal purposes such as auditing, data analysis, and research to improve MILK's Products, Services, and customer communications; and
h) to help us develop, deliver, and improve our Products, Services, content, and advertising, including by storing information with the Amazon Cloud service.

2.2 If you choose to sign up for the optional communications, the personal information we collect allows us to keep you informed regarding MILK Product announcements, updates, and upcoming events. It also helps us to improve our Services, content, and advertising. If you change your mind and you don't want to be on our mailing list, you can opt out anytime by updating your preferences by logging into your Account.

2.3 Your personal information will be processed according to this Privacy Policy. Your personal information may be processed in the country in which it was collected and may also be transferred and processed in other countries with laws less stringent than the laws in your country.
 
2.4 We will only use or disclose personal information that you have provided to us, or which we have obtained about you:

a) for the above-mentioned purposes or the below-mentioned purposes;
b) if you have authorized us to do so;
c) if we have given you notification of the intended use or disclosure and you have not objected to that use or disclosure;
d) if we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for national security in the performance of their functions;
e) if we believe that the use or disclosure is reasonably necessary to enforce any legal rights we may have, or is reasonably necessary to protect the rights, property and safety of us, our customers, our users, or others;
f) if we are required or permitted by law or legal process, litigation, or requests from public and governmental authorities (within or outside your country of residence) to disclose the information; or
g) to any relevant third party in the event of a reorganization, merger, or sale of our business.

3 Disclosure to service providers

3.1 MILK shares personal information with companies who provide services such as information processing, fulfilling customer orders, delivering Products to you, managing and enhancing customer data (including in the Amazon Cloud service), providing customer service, assessing your interest in our Products and Services, developing this Website, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located wherever MILK operates.

3.2 Payment processing is handled by PayPal whether you make payment by credit card or through the PayPal system. All billing address information is managed by PayPal. We recommend that you read PayPal's privacy policy before you provide payment or billing information through this Website. This Website stores delivery address information, but not billing address information.

3.3 Pay Pal meets international  Payment Card Industry (PCI) standards and none of your card information is shared with MILK. More information on how Pay Pal protects your billing details can be found here.

4 Disclosure to other third parties

4.1 At times MILK may make certain personal information available to strategic partners that work with MILK to provide Products and Services. Personal information will only be shared by MILK to these third parties to provide or improve our Products and Services. This information will not be shared with third parties for their marketing purposes.

4.2 MILK and its affiliates may share your personal information with each other and use it consistent with this Privacy Policy and may combine this personal information with other information to provide and improve Products, Services, content, and advertising.

5 Marketing and electronic messages

5.1 In addition to essential communications (highlighted in 2.1.f above) if we send you email communications about our Products, Services or promotions it is because we believe you have provided either express consent or because we have inferred your consent for us to send these emails. MILK would like to continue to keep in contact with you. However, should you not want to receive these emails, you should click 'unsubscribe' at the bottom of such emails.

5.2 From time to time we may also ask if you would like to receive communications to be kept up to date on new product information, upcoming events and news about MILK. Agreeing to accept such communications is optional.

5.3 From time to time we may also ask if you would like to receive communications from MOLESKINE.  Agreeing to accept such communications is optional.

6 Collection and use of non-personal information

6.1 We also collect non-personal information data in a form that does not permit direct association with any specific individual. You agree that we may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:

a) Information such as occupation, language, zip code, area code, unique device identifier, location, and the time zone where a Product is used so that we can better understand customer behaviour and improve our Products, Services, and advertising.
b) Information regarding customer activities on our Website. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our Website, Products, and Services are of most interest to our customers. Aggregated data is considered non-personal information for the purposes of this Privacy Policy.

6.2 If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.

7 Cookies and other technologies

7.1 The Website, the Services, interactive applications, email messages, and advertisements may use 'cookies' and other technologies such as pixel tags and web beacons. These technologies help us better understand user behaviour, tell us which parts of our Website people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.

7.2 The Website also uses cookies and other technologies to remember personal information when you use our Website, the Services, and applications. Our goal in these cases is to make your experience with the Website more convenient and personal.
 
7.3 You can disable Cookies in your browser if you so wish.

7.4 As for most websites, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data.

7.5 We use this information to understand and analyse trends, to administer the Website, to learn about user behaviour on the Website, and to gather demographic information about our user base as a whole. We may use this information in our marketing and advertising services.

8 Personal information about children

8.1 While this Website and the Services are not primarily directed at children under the age of 13, personal information about a child may be collected if that child uses the Website or the Services. All personal information collected is used in the way outlined in this Privacy Policy. If we become aware that we have personal information from a child under the age of 13, we will take all necessary steps to comply with the Children's Online Privacy Protection Act 1998. We will endeavour to obtain verifiable parental consent before collecting, using or disclosing personal information that we know is from a child under the age of 13. You, as a parent, may agree to such a collection without agreeing to the personal information being disclosed to third parties. You may also review your child's personal information, request to have it deleted, and refuse any further collection of your child's personal information. Please contact us via email at moleskinemilk@milkbooks.com if you have any concerns about your child's personal information on our Services.

9 Protection of personal information

9.1 MILK takes industry-standard precautions including administrative, technical, and physical measures to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. Your personal information is stored behind a firewall, which creates a barrier preventing intrusions, and technologies to detect such outsider intrusions are implemented. We also require you to use a password (which may be authenticated through a third party website or service, such as Facebook, Yahoo, Google, or MyOpenID) to access your Accounts and Account information. Our physical storage facilities and servers are also held in a secure location, with access granted only to those employees and contractors who have a legitimate business need to access personal information. Frequent scans and compliance checks are used to track information and assess vulnerability, and monitor potential unauthorized access attempts. By accepting our Terms of Use you acknowledge that, in spite of the above precautions, MILK cannot eliminate all risks associated with security of your personal information.

10 Retention of personal information

10.1 Upon your request we can remove all personal information on you from our records.

10.2 MILK will store and  retain your personal information for the period necessary to create the Product and provide the Services. MILK may also store and retain your personal information online with Amazon Cloud, according to the Amazon Cloud terms of service.

11 Access to and correction of personal information

11.1 You can help ensure that your contact information and preferences are accurate, complete, and up to date by logging in to your Account.

11.2 You may request access to, or correction of, any personal information we hold about you by contacting us as follows, or as otherwise notified to you from time to time:

Telephone:
If calling from within Australia: 1 800 237 943
If calling from within New Zealand: 09 301 0410
If calling from within the UK: 0808 234 0447
If calling from within the USA: 1 877 667 1270
Email:  moleskinemilk@milkbooks.com

Post:  MILK Tailor Made Books,
PO Box 37 692 Parnell,
Auckland 1151,
New Zealand
Attention: Privacy Officer

12 Third Party Websites

12.1 This Website may contain hyperlinks to websites operated by third parties. We are not responsible for the content of such websites, or the manner in which those websites collect, store, use, and distribute any personal information you provide. When you visit third party websites from hyperlinks displayed on this Website, we encourage you to review the privacy statements of those websites so that you can understand how the personal information you provide may be collected, stored, used and distributed.

13 EU Safe Harbor Privacy Framework

13.1 MILK's hosting provider, Amazon Web Services, participates in the European Union Safe Harbor Privacy Framework. You should contact us if you have any questions or concerns relating to the compliance of this Website with the Safe Harbor Privacy Framework.

14 Changes to this policy

14.1 We reserve the right, at our discretion, to alter this Privacy Policy at any time. Changes to this Privacy Policy will take effect immediately once they are published on this Website. Please check this Privacy Policy regularly for modifications and updates. If you continue to use this Website or if you provide any personal information after we post changes to this Privacy Policy, this will indicate your acceptance of any such changes.

GIFT VOUCHERS AND PROMOTIONAL CODES

1 Gift vouchers and promotional codes can only be redeemed at www.milkbooks.com and may not be used in conjunction with any other offer.

2 Gift vouchers and promotional codes are non-refundable, non-transferable and not redeemable for cash or any other vouchers or codes.

3 Gift vouchers and promotional codes must be redeemed by the expiration date stated.

4 Each voucher and promotional code is valid for one time use only, and can only be used for a single transaction at www.milkbooks.com. If a transaction exceeds the value stated, customer will be required to pay any additional amount in order to complete said transaction. If a transaction is less than the value stated, customer forfeits any balance not used, and no credit or cash will be owing, and unless otherwise stated the value of your voucher cannot be applied to any shipping costs incurred.

5 All transactions at www.milkbooks.com are in US Dollars. Value stated on voucher is in US Dollars. New Zealand customers will be subject to GST.

6 Any additional costs (ie. extra pages) and shipping charges are processed in US Dollars by www.milkbooks.com, and you can choose to pay in one of 24 different currencies at checkout using PayPal. Visit www.paypal.com for a list of available currencies. All transactions will be converted from US Dollars at the prevailing exchange rate on the day your transaction is processed. Visit www.xe.com to find out today's exchange rates.

7 Risk of loss of voucher or of promotional code passes to the recipient upon delivery and/or transmission to the recipient. MILK will not be responsible for any loss (including theft) of voucher or code.

8 MILK has the right to cancel the voucher or code and request an alternative form of payment if any purchase or transaction using a fraudulently obtained voucher or promotional code is attempted at www.milkbooks.com.

9 You must create an Account with MILK to redeem gift vouchers or promotional codes; purchasing or redeeming vouchers or promotional codes constitutes acceptance of MILK’s Terms and Conditions which can be viewed here.

 

 

MILK & CREAM PROFESSIONAL MEMBERSHIP

1 Your membership is valid for 12 months from the date of purchase.

2 Your membership entitles you to an offer of 50% discount off the list price of MILK and CREAM Albums for 12 months from the date the membership was purchased. Discount does not apply to shipping which is additional on all orders. When using the 50% discount offer, no other promotions or discounts can be redeemed within the same transaction.

3 If you have purchased 12 albums or more during your 12-month membership, we will waive the membership fee for the following 12 months.

4 If you are not completely satisfied with the quality of your FREE unbranded CREAM or MILK albums we will replace your album at no charge or refund your membership in full. In order to receive a replacement or a refund, please email us at help@milkbooks.com within 14 days of delivery stating the reason for your dissatisfaction. Please include your order number in your email message and, where possible, attach a digital photograph as evidence of the defect or damage. If a refund is requested MILK may require you to return the album as proof of damage or defect and you will be liable for the cost of returning the product to us. In the event any defect or damage is at MILK’s responsibility MILK will honor your 100% money back guarantee and refund your credit card upon receipt of the product, subject to our terms and conditions that could be found here.

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