Terms of Use Agreement

By visiting this website and / or using and purchasing any of the products and/or services on this website you agree to the following terms of use. If you do not agree with the following terms of use, leave this website.

You acknowledge that you are using this service at your own risk.

Purchase Terms and Conditions

Before ordering one of our ebooks, we ask that you read and agree to our terms and conditions as follows:

In this document, “you” or “the Licensee” refers to whoever is ordering the ebook and who, thereby agrees to accept the following terms and conditions. Where used, “we” or “our” refers to “Merri Mysteries”.

The requirements below override any instructions regarding copyright and moral rights on the ebooks themselves.

“Merri Mysteries” is the absolute legal and beneficial owner, throughout the world, of the copyright and moral rights subsisting in:

• all ebooks available to be ordered;
• all photographs to be viewed online;
• Merri Mysteries web-site www.merrimysteries.com.

Merri Mysteries has the exclusive right throughout the world to reproduce, distribute, retail and broadcast the copyright works.

Merri Mysteries agrees to grant a license to you to download and print out and use our ebooks, upon the terms specified below and the standard terms and conditions.

Terms

The terms used in this document, whether capitalized or not, mean the following unless otherwise specified:

• “copyright” – includes copyright subsisting in the works by virtue of international copyright conventions and all such rights of copyright as are now in force together with all rights of copyright as may be hereafter conferred by law throughout the world whether by way of new rights or extension of the period relating to copyright but not now comprised therein;
• “the license” – the license granted by Merri Mysteries to you including any written amendments or modifications to these standard terms and conditions which are executed by each of the parties or by their duly appointed agents;
• “tax” – includes sales tax, value added tax, goods and services tax and any other tax levied by government in relation to the payments due under this license or the supply of goods or services in connection therewith;
• “the works” – the copyright works described on the web page www.merrimysteries.com/;
• “confidential information” – all information imparted by you, your agents or associates, or which is gained through its dealings with Merri Mysteries, which is confidential or which should reasonably assume is confidential including download instructions and passwords.

Conditions of purchase

Merri Mysteries grants you the non-exclusive right to use and print the ebook you purchase.

To order the ebook, please use our secure online order system via www.merrimysteries.com/. All data is sent to us in an encrypted format and credit card details are transferred straight to the bank. We do not get to see your credit card details. We maintain your privacy and we do not give your details to anyone. See the Privacy and security report for further details.

Online payments are converted to US dollars at the time of the sale. Sometimes banks also apply fees. This may cause a slight discrepancy in the amount you are charged.

Merri Mysteries promises that, to the best of its knowledge and belief:

• it is the legal and beneficial owner of the copyright subsisting in the works and it has the power to grant the license to you;
• there is no legal restriction or impediment on the part of Merri Mysteries. with respect to the grant of the license;
• the copyright does not infringe the rights of others.

Although we endeavor to make our ebooks as error free as possible, we make no guarantees to that effect. If you are not totally satisfied with our product/service, send us a message via our Contact Us page and we will refund your money. See our Refund policy for further details.

If you breach any condition of this License, Merri Mysteries shall serve you written notice specifying particulars of the breach and requiring you to remedy the breach within a period of 7 days, failing which Merri Mysteries may in its absolute discretion terminate this License by notice in writing to you, effective upon service of the notice. Merri Mysteries shall not exercise its discretion to terminate this License unreasonably or capriciously and shall consult with you in relation to any action proposed to be taken by it to remedy a breach of a condition.

You shall not and shall not permit any of your officers, employees, agents, contractors or associates to use or to disclose the confidential information to any person other than:

• to your employees and contractors, and to its financial, legal and other consultants who need to know the information, and then only on a strictly confidential basis;
• subject to prior consultation with Merri Mysteries as to the nature and form of the disclosure and the extent of the requirements to disclose the confidential information as required:
• (a) by law to comply with requests from Government;
• (b) for the purpose of obtaining all necessary licenses or permits required by you to conduct your business.

Except as provided above, no confidential information is to be disclosed without the prior written approval of Merri Mysteries to the specific nature, form and circumstances of the proposed disclosure, which approval shall not be unreasonably withheld.

You promise that you will not reproduce the works or authorise others to reproduce the works except as expressly permitted by this License; and you acknowledge that unauthorised reproduction is strictly prohibited and would be an infringement of Merri Mysteries’ rights under International Copyright Conventions.

Educational users of our kits (eg teachers and librarians) do not have to pay any extra cost and they can use the purchased kit more than once, but only over a one-year period.

If you wish to use our kits on a commercial basis (eg as a venue for mystery party events or as an event organizer or an actor or theater group), you must indicate this when you order and pay double the cost of the kit. This gives you the right to use the kit more than once over a one-year period.

You may not assign the benefit of this license to any person without first obtaining the written consent of Merri Mysteries. Any purported assignment or sub-license without the consent of Merri Mysteries is without legal effect.

The law of this License is the law of Australia. The parties submit themselves to the jurisdiction of the courts of Australia for all proceedings arising from this License.

Each party shall at its own cost from time to time do all things (including executing documents) necessary or desirable to give full effect to this License. The variation or waiver of a provision of this License, or a party’s consent to a departure from a provision by another party, is ineffective unless in writing, executed by the parties.

This document shall be interpreted as follows:

• A reference to a gender includes a reference to each other gender.
• A reference to a person includes a reference to a firm, corporation or other corporate body.
• A reference to a statute, regulation or provision of a statute or regulation includes a reference to that statute, regulation or provision as amended or re-enacted from time to time.
• A reference to writing includes a reference to printing, typing and other methods of reproducing words in a visible form.
• Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have corresponding meanings.
• Headings have been inserted for ease of reference and do not affect the construction of this License.
• This License binds the parties’ respective successors and permitted assigns.
• If the Licensee comprises more than one person, this License binds each of them both jointly and severally.

This License:

• supersedes all prior negotiations and agreements between the parties
• contains the whole understanding of the parties relating to the subject matter of this License
• does not create or evidence a partnership, joint venture or establish the relationship of principal and agent or any other relationship of a similar nature between the parties.

Privacy Policy

This Privacy and Security Statement contains important information about your personal information.

Customer Privacy Policy

“Merri Mysteries” are committed to ensuring your privacy is protected and understands your concerns regarding the confidentiality and security of personal information you provide to us. We are an Australian company and we abide by the legal requirements in Australia. Sales tax is paid in Australia for orders originating in Australia.

This Customer Privacy Policy sets out how we safeguard your privacy.

We are bound by and comply with the followiing privacy principles.

Collection of personal information

We collect personal information that includes details such as name, address, contact details (such as phone numbers, e-mail addresses).

“Dreamhost” (our secure site hosts) and “Stripe” (our credit card merchant service providers) collect this information on our behalf and they pass on all information to us.

Use and disclosure of personal information

We use your personal information in order to provide you with our mystery dinner party e-books and services. To do that, we may disclose your personal information to organisations that carry out functions on our behalf, such as mailing houses, cheque and electronic transaction processors and information technology service providers.

Our other uses of your personal information may include our regular and necessary business functions such as internal audit investigations, performance reporting, research, product development and planning.

“Merri Mysteries” and “Dreamhost” and “Stripe” do not sell your personal information to outside companies. We do, however, email all our customers a newsletter who have opted in. Customers are asked if they wish to receive the newsletter when they order. You can opt out of receiving this at any time by simply sending us an email with “Remove” in the subject line.

Access and correction

You will be able to gain access to personal information about you held by our company. We will take reasonable steps to amend or correct your personal information to keep it accurate and up-to-date. We will fulfil requests relating to access and correction of your personal information.

Storage and security of your personal information

“Merri Mysteries” and “Dreamhost” and “Stripe” will take reasonable steps to keep personal information about you that it holds and uses secure, accurate and up-to-date. Our employees and authorised agents are obliged to respect the confidentiality of any personal information held by us.

Our website and the use of cookies

The order form on our website is protected by 128-bit encryption technology and it uses cookies. Cookies are very small text files that a website can transfer to your computer’s hard drive for record keeping. Cookies can make using our website easier by storing information about your preferences and enabling you to take full advantage of our services.

Most Internet web browsers are pre-set to accept cookies to enable full use of websites that employ them. However, if you do not wish to receive any cookies you may configure your browser to reject them or warn you when cookies are being used. In some instances, this may mean that you will not be able to order online. However you may still be able to access information only pages.

On our secure order form, the secure popup window in which you enter your details is protected by a 128 bit encrypted certificate when the browser you are using supports that Cipher Strength. In older browsers the popup is protected to it’s maximum strength (56 bit to 128 bit).

We do not get to see your credit card details. These are sent directly to the bank.

Privacy concerns or complaints

If you have concerns or wish to make a complaint regarding the treatment of your personal information by “Merri Mysteries” and “Dreamhost” and “Stripe”, please send us a message via our Contact Us page.

We will try to answer any questions you may have, correct any error on our part or resolve any complaint that you may have about our information handling practices.

Refunds

We make changes to all our e-books from time to time, so if you return to download it again, it may not be exactly the same. We recommend that after you download an e-book, that you save it to your hard disk.

Although we endeavor to make our e-books as error free as possible, we make no guarantees to that effect.

We do not take responsibility for technical problems with downloading and printing the e-book(s) which you experience which are not caused by us (eg software conflicts). However, we are happy to offer advice to try and guide you through these problems by sending us a message via our Contact Us page.

If you are not totally satisfied with our product/service, send us a message via our Contact Us page and we will exchange the item or refund your money – whichever you prefer.

All Rights Reserved

All rights reserved. No part of this website or the e-book(s) contained within may be reproduced or transmitted in any form or by any means without the prior written permission of the publisher. Permission is granted to print a single hard copy version of this e-book solely for your own purpose.

Disclaimer

Merri Mysteries and its owners, employees, affiliates, authors, advertisers and distributors (“the Publisher”) make no warranties or representations, expressed or implied, regarding the quality, accuracy, merchantability or fitness for purpose of the material in this website or in the e-book(s) available in this website, or regarding errors or omissions therein, and assume no legal liability (including for negligence) or responsibility for the accuracy, completeness, or usefulness of any information contained in this website or the e-book(s) therein, and do not accept any liability or responsibility whatsoever, in contract or tort or otherwise, to or for any person who may rely on this information wholly or in part, and any person who does rely on this information does so at their own sole risk.

The Publishers in addition assume no liability for personal injury, property damage, or loss of any kind whatsoever arising from actions inspired by information in this website or e-book(s). The information contained in this website and on the e-book(s) within is of a general nature, and is not intended to be a substitute for professional advice. Users of this website and e-book(s) within should confirm information from another source if it is of sufficient importance for them to do so.

By using this website, and / or purchasing the e-book(s) within this website, you agree to hold harmless the Publishers from any claims, actions, or demands from yourself and any third party due to or resulting from your use of the information, purchases, services or e-book(s) provided through this website. Furthermore, the information and e-book(s) provided on this website are available only on an ‘as is, where is’ basis and the publishers make no warranties or representations regarding the availability of information from this site or the presence of programming deficiencies or computer viruses therein or present in the website or the e-book(s). All users of the site do so at their own risk and all users of the site are responsible for protecting their own computing systems from any virus attacks, and understand that they take on at their own risk damage or losses taken on by viruses, unavailability, downtimes, faulty links and other issues relating to use of this site and the kit(s) by computer.

Limitation of Liability

By using this website, and / or purchasing the kit(s) within this website, you agree that the maximum monies payable under any circumstance by the publisher to a website user or purchaser of an kit(s) is a refund of the purchase price to that purchaser alone.

Jurisdiction

By using this website, or purchasing the kit(s) within this website, you agree and acknowledge that this website and these terms and conditions shall be governed by, construed and enforced in accordance with the laws of Australia, as it is applied to agreements entered in to and performed entirely within such State. Any action you, any third party or the Publisher or its affiliates brings to enforce these Terms and Conditions or any matter relating to this website shall be brought only in either the State or Federal courts located in Australia and you expressly consent to the jurisdiction of said courts.