These Terms and Conditions apply to your use of the Lost Jakarta Publishers online Shop, which can be found at https://lostjakarta.com/shop (Lost Jakarta Shop).
“Us”, “we”, “our” or “Lost Jakarta Publishers” when mentioned within these Terms and Conditions will refer to Continuous Innovation Pty Ltd (ACN 165 246 962), trading under the name Lost Jakarta Publishers.
It’s important that you read these Terms and Conditions carefully as they will govern the agreement (also called a contract) between us if you use the Lost Jakarta Publishers website (https://lostjakarta.com) and/or buy products from the Lost Jakarta Shop.
If you access or use the Lost Jakarta Shop we will take that to mean that you agree to these Terms and Conditions. If you make a purchase from the Lost Jakarta Shop you will accept the Terms and Conditions. In both cases, these Terms and Conditions are binding on you. If you don’t agree, please refrain from using the Lost Jakarta Shop. We may change the Terms and Conditions from time to time (and may or may not let you know that we have), so you should come back to this page regularly to check the Terms and Conditions. If you continue to use the Lost Jakarta Shop after we’ve changed the Terms and Conditions, then you agree to the new Terms and Conditions.
1. Lost Jakarta Shop
The Lost Jakarta Shop is an internet service that allows you to browse and purchase a selection of our products (Books), including digital products (EBooks).
2. Use of the Lost Jakarta Shop
You must be eighteen years old or older to use the Lost Jakarta Shop. While we use all reasonable endeavours to make sure that the Lost Jakarta Shop is available 24 hours a day, 365 days of the year, we cannot guarantee that your access will be uninterrupted or error free. Access may be unavailable temporarily without notice in the event of a system failure, maintenance or any reason beyond our control.
We have the right to end our agreement with you for your use of the Lost Jakarta Shop if you breach these Terms and Conditions or if we suspect you have breached these terms or are engaged, or are about to be engaged or have been involved in fraudulent or illegal activity in connection with the Lost Jakarta Shop or on the site.
When placing an order, you agree that any and all information you give us is accurate and complete. All orders are subject to acceptance and product availability. All prices listed on the Lost Jakarta Shop are correct at the time of entering the information, however, we reserve the right to change prices of any product at any time. The total price of your order, including any sales taxes and shipping costs, will be displayed prior to your purchase confirmation.
When you order a hardcover book, your order will be forwarded to the printing facility of IngramSpark (see Delivery Methods under 3.)
No contract for the sale of any product will exist between you and us until we accept your order by emailing the confirmation invoice to the email address given in your order and will detail products ordered, payment method, cost and the shipping method.
3. Payment, charges, transaction fees and taxes
What forms of payment does Lost Jakarta Publishers accept?
You may purchase products from the Lost Jakarta Shop with credit cards. You can also use PayPal. All purchases will be charged to your nominated card or account upon submission of your order. All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. We use a payment processor called “Stripe” to process your online transaction on our behalf. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. We are sorry that we cannot accept personal cheques, cashier’s cheques, money orders or direct deposits. Payments to Lost Jakarta Publishers will appear on your statement as “Continuous Innovation Pty Ltd”.
International transaction charges
Please be aware that purchases made from the Lost Jakarta Shop with some credit cards carry an international service charge for cross border transactions (i.e. where you are in a different country to the Lost Jakarta Publishers company that you’re buying from) depending on the card issuer and type of credit card. This is generally between 1-3% of the purchase total, but it may be higher. It is your responsibility to be aware of the international service charges that your credit card issuer may charge. We do not take receipt of these fees so we are unable to refund them in any way.
International customs/sales taxes
Please be aware that delivery of products to some regions may incur a customs/sales tax that is payable on delivery of the physical items that you have ordered. Please check your local tax laws before placing your order for any book to check whether you might have to pay such a tax. Being aware of your local tax laws is your responsibility, and we are unable to refund any amount charged at the point of delivery as Lost Jakarta Publishers does not receive any amount of these additional taxes.
Credit card verification codes
We might require you to provide your Credit Card Verification Code (or CVC) in order to process your payment. The CVC is a number that appears on your credit card that allows us to verify that the person placing the order has direct access to the credit card being used.
We take great care with the personal information you provide. See also 9. Privacy.
4. Delivery and delivery charges
The terms set out in this clause 4 apply only in relation to the purchase of physical products through the Lost Jakarta Shop. For digital products (EBooks), please see section 5 below.
Delivery methods and charges
Your purchased hardcover book products are subject to so-called ‘Print On Demand’ and ‘Drop Shipping’ and will be printed and sent to you by IngramSpark (Lightning Source LLC). Most purchased products will be sent by standard post. We can deliver to most countries. Please ensure that you provide accurate credit card details, CVC code, billing address and other information that we request from you in order to process your payment and check them carefully before you click “pay” as we can’t amend mistakes afterwards. We may not be able to process your payment or deliver your products if the information you provide is incorrect.
Except as set out below, shipping charges will apply for delivery of physical products purchased from the Lost Jakarta Shop. These shipping charges will be notified to you at the time of your purchase. Shipping charges are based on weight and distance and may vary slightly from country and continent. By making a purchase, you agree that you accept the shipping charges that have been notified to you.
As soon as you have purchased a product from the Lost Jakarta Shop we will notify IngramSpark (Lightning Source LLC) in order for them to print and ship your product. Printing will usually take 7-10 days, shipping and delivery times vary by location. Please note that these times are intended as a guide only, and we are unable to guarantee delivery of your guide by or within a certain time.
If you provide an incorrect delivery address and the order is returned to us, or you fail to take delivery, we will either:
- redeliver the product to the correct address, if provided, subject to payment of additional delivery costs, or
- refund the value of the product (excluding delivery costs) dependent on whether it remains in a resalable condition. You will be responsible for any additional charges incurred including re-delivery costs.
If the order is not returned to us, you will not be eligible for a refund or re-delivery. Lost Jakarta Publishers accepts no responsibility for deliveries made to incorrect or incomplete addresses provided by customers. In this case, you will need to place a new order with the correct details.
Please note, we will not be able to amend a delivery address once the order has been placed.
5. Delivery of Digital products
When you purchase a digital product through the Lost Jakarta Shop, there are a number of ways in which you can download your EBook. Firstly, there will be hyperlinks on the order confirmation screen. Secondly, we will promptly send you an email containing a link from which you can download the digital products you have purchased. It is your responsibility to ensure that you provide us with an accurate and valid email address.
You can only use your digital product for personal, non-commercial purposes. You may not share any digital product purchased by you by forwarding or sending it to someone else. Please ensure your device is able to download the files (as the EBook file is a large file up to 250MB) and that your device or EReader is able to read the downloaded files. Lost Jakarta Publishers is not responsible for any issues and errors you and your device faces with downloading or reading the EBook files.
6. Returns and refunds
Returns and refunds are managed on a case by case basis, so depending on the circumstances they can take a variable amount of time to process.
Defective or Damaged Products
If your purchase is in any way defective, damaged or not as described in the product’s description page of the Lost Jakarta Shop, please contact us as soon as possible with your proof of purchase, and we will arrange for a replacement product or refund where necessary. We cannot refund any credit card fees, brokerage fees or import duties, as these amounts go directly to third parties, not us. If we do not receive your returned product, we cannot refund it, so please ensure you keep your proof of return postage.
7. Intellectual Property Rights
All intellectual property rights, including copyright, in the content of the Lost Jakarta Publishers web pages , books, EBooks, trademarks, logos and service marks displayed on the site are owned, controlled or licensed by Lost Jakarta Publishers. In accessing Lost Jakarta Publishers’ web pages, books and eBooks, you agree that you may only download and use the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the Lost Jakarta Publishers web pages, books or EBooks for any other purpose whatsoever without the prior written permission of Lost Jakarta Publishers. Except as set out above, these Terms and Conditions do not grant, and nothing in these Terms and Conditions should be construed as granting any licences or rights to use any of our intellectual property rights.
8. Disclaimer and limitation of liability
We use reasonable care and skill to ensure the accuracy of the information we provide through the Lost Jakarta Shop and in all products purchased through the Lost Jakarta Shop. However, we do not accept liability (except as set out below) for any errors/ omissions in our Lost Jakarta Shop and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.
Except as provided by law, we cannot guarantee that the Lost Jakarta Shop or products purchased through the Lost Jakarta Shop will be 100% accurate or up to date. The information in the Lost Jakarta Shop or purchased through the Lost Jakarta Shop is general and may not be suitable for your particular needs. You acknowledge that using the Lost Jakarta Shop or products purchased through the Lost Jakarta Shop is at your own risk. Except as provided by law, the Lost Jakarta Shop and all products purchased through the Lost Jakarta Shop are provided ‘as is’ and ‘as available’ and without any warranty or representation, express or implied. To the maximum extent permitted by law, we exclude all implied representations and warranties (including for the avoidance of doubt, those in relation to marchantability and fitness for a particular purpose) which, but for the terms, might apply in relation to your use of the Lost Jakarta Shop or of products purchased through the Lost Jakarta Shop.
We are not responsible for:
- Loss that was not reasonable foreseeable;
- Loss that was not caused by our breach of contract or by our negligence;
- Indirect or secondary loss that arises from any breach by us;
- Losses that relate to a business, such as lost data, lost profits or business interruption, that you or a third person is engaged in;
- Losses caused by any inaccuracy in the information you provide to us, such as delivery or payment information; or
- Any increase in loss that was caused by your breach of contract or your negligence.
You must take all reasonable steps to minimize the extent of any loss you may suffer as a result of your use of the Lost Jakarta Shop or any products purchased through the Lost Jakarta Shop. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
Our maximum liability to you in relation to your use of the Lost Jakarta Shop is the amount paid by you for the item that is the subject of the claim.
Nothing in these Terms and Conditions shall seek to exclude or limit liability for death or personal injury resulting from our negligence or that of our servants, agents or employees or for any liability that cannot by applicable law be excluded or limited.
When purchasing from the Lost Jakarta Shop, you will need to supply us with your ‘personal information’, such as your name, email and delivery address in order to purchase products.
If you are purchasing products, we collect and use your personal information so that we can fulfill your order and deliver it to you. Without this information, we would not be able to process your order or contact you if something goes wrong.
We will not sell your contact details to marketing companies for spamming, but we may disclose information about you to business partners who help us provide the Lost Jakarta Shop services, such as our credit card payment processing company called Braintree.
Complains or disputes
If you have a complaint or dispute with Lost Jakarta Publishers, we’ll always try to sort it out if you contact us.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Terms and Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Terms and Conditions govern our relationship with you. You confirm that, in agreeing to accept the Terms and Conditions, you have not relied on any representation except where that representation has been made a term of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these Terms and Conditions. Nothing in this paragraph shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Terms and Conditions.
Forms of Communication
You agree that we may contact you by e-mail in relation to your order and these Terms and Conditions.
Governing Law and Jurisdiction
The law and jurisdiction that applies to these Terms and Conditions are those of New South Wales, Australia.