Terms and Conditions
Welcome to Magstore
1.1 Magstore is an online service where you can purchase subscriptions of Express
Publications magazines or other items offered for sale from time to time by entering
your details in the form and clicking on the button that says “ click here to order”.
1.2 Magstore is owned and operated by Express Publications an Australian company.
The Website is owned, operated and maintained by Express Publications Pty Limited
ACN 057 807 904 (“Express Publications”) of 2 Stanley Street Silverwater NSW 2128
Australia (ph) 612 9741 3800 (fax) 612 1956 (email) email@example.com
1.3 By clicking on the “click here button to order” you are agreeing to the following:
(a) You are accepting an offer to purchase a product for the price advertised at the
time of your purchase on Magstore.
(b) You have the intention of being legally bound.
(c) You are over the age of 18 years or have the permission of an adult to do so.
(d) You have read and understood the terms and conditions of this Agreement.
(e) Your name, address and email address will be added as a subscriber to our
newsletter (at no cost). Our newsletters may include special offers or incentives
information. Every email newsletter you will receive will have an opt-out provision
allowing you to stop receiving any future promotional communications.
(f) You authorize us, our financial institution and our bill payment systems provider
to deal with your credit or debit card in order to process your information for the
purposes of payment to us for the purchase of subscriptions and/or products.
1.4 (a) Prices for magazine subscriptions sold exclusively within Australia are
advertised in Australian dollars and are inclusive of delivery costs and
(b) Prices for current magazine issues sold exclusively within Australia are
advertised in Australian dollars and are inclusive of delivery costs and
(c) Prices for back issues of magazines sold exclusively within Australia are
advertised in Australian dollars and have a delivery cost added to the final
price and are inclusive of GST.
(d) Prices for magazine subscriptions sold outside Australia are advertised in
Australian dollars and are inclusive of delivery costs but have no GST
included or added to the final price.
(e) Prices for current magazine issues sold outside Australia are advertised
in Australian dollars and have a delivery cost added to the final price but
have no GST included or added to the final price.
(f) Prices for back issues of magazines sold outside Australia are advertised
in Australian dollars and have a delivery cost added to the final price but
have no GST included or added to the final price.
1.5 (a) Prices for products sold exclusively within Australia are
advertised in Australian dollars and are GST inclusive but have a delivery
cost added to the final price.
(b) Prices for products sold outside Australia and advertised in Australian dollars
and have a delivery cost added to the final price but have no GST included
or added to the final price.
(c) Any offers that have a combination of products and subscriptions (unless the
product is advertised as being free with the subscription) sold exclusively
within Australia are advertised in Australian dollars and are GST inclusive
but have a delivery cost added to the final price.
(d) Any offers that have a combination of products and subscriptions (unless the
product is advertised as being free with the subscription) sold outside
Australia are advertised in Australian dollars and have a delivery cost
added to the final price but have no GST included or added to the final
price. These offers may not be open to non Australian residents.
(e) All items sent by post or courier do not have any insurance coverage
included in the purchase price including loss or damage to an item.
1.6 Payment is to be made in Australian dollars.
1.7 Express Publications will not be held liable for any loss due to you entering
incorrect details on the form including but not limited to an incorrect address
provided by you. In the event that you change your address between the time you
purchase a subscription or product you must notify Express Publications in writing
of your change of address. You can contact the Customer Services Department for
more details on 1800 801 647.
1.8 You may cancel your subscription at any time subject to clause
1.10 below by
contacting the Customer Services Department on 1800 801 647 and will receive a
pro rata refund on the cancelled issues. All cancellations are subject to a $ 20.00
cancellation fee which will be deducted from the amount to be refunded to you. We
may refund by cheques or we may deposit refunds into your nominated account
Refunds take approximately 3 weeks to process by cheque and approximately 3-5
days by direct deposit.
1.9 You may cancel your product/s at any time subject to clause 1.10 below.
1.10 Express will not provide a refund for magazines or products returned after
cancellation where the packaging has been opened and/or damaged.
Express will not provide a refund for a free gift. If you cancel before all issues received you must pay the total worth amount of the free gift specified when the order was placed. You can only return the free gift if it has not been opened or used.
1.11 Subscriptions will commence with the next available issue and we use our
best endeavours to deliver your first magazine to you within 3 to 4 weeks and your
subsequent magazines to you between 1 to 2 weeks of the onsale date and we use
our best endeavours to deliver to you other products within 4 to 6 weeks.
1.12 In the event a delivery is delayed we will inform you of this and provide you
with the option to either wait giving you an approximate wait time, choose a different
product of equivalent value or refund your money.
1.13 Offers on the Magstore form part of these terms and conditions.
1.14 All statutory guarantees that relate to our goods apply.
2. About the Agreement
2.1 To make this Agreement easier to read, we have defined certain words and
phrases and capitalised them throughout this Agreement. Definitions of those words
can be found in clause 15.
2.2 Use of some parts or features of the Website may be governed by other terms
and conditions. Those terms and conditions will also apply to this Agreement, and
will prevail over this Agreement if there is any inconsistency between them.
2.3 We may amend this Agreement at any time without notice. Any amendments to
this Agreement will be effective as soon as they are posted to the Website. By using
this Website you agree to be bound by any changes to this Agreement.
3. Protecting Your Privacy
4. Use of the Website
4.1 You may not use the Website in any manner or for any purpose that is unlawful,
that violates any right of Express Publications or any other person, or that is
prohibited by this Agreement. In particular, but without limitation, it is a condition of
your use of and/or access to the Website that you do NOT do any of the following:
(1) use the Website for commercial purposes unless you are making a purchase from
(2) use any mechanism, software or other scripts in relation to the Website which
could disrupt or interfere with the Website or any servers, software, hardware or
equipment connected to or via the Website, including any robot exclusion headers;
(3) restrict or inhibit any other User from using or enjoying the Website;
(4) distribute or transmit any Content of any kind which contains a virus or other
(5) distribute, post or upload any pornographic, extremist or racist material or any
material which might otherwise be harmful to other Users;
(6) use the Website for the purpose of advertising or promoting political parties or
(7) violate any Applicable Law relating to your use of the Website; or
(8) use the Website in any manner which we, in our sole opinion, consider
inappropriate or inconsistent with the intended purpose of the Website.
4.2 In order to protect other Users and Express Publications from inappropriate use
of the Website, you warrant, without limitation, that Your Information:
(1) is information provided for purchases from our Magstore;
(2) is not false, inaccurate, misleading or fraudulent;
(3) does not involve commercial activities or sales, including advertising or pyramid
(4) does not promote any criminal activity or enterprise, including but not limited to
inciting an act of terrorism, buying or making weapons, or violating someone’s
(5) does not violate any Applicable Law; and
(6) will not create liability for Express Publications or cause us to lose (in whole or in
part) the services of our internet service providers or other suppliers.
5. Your Information
5.1 Express does not accept responsibility for Your Information. Your Information is
used in accordance with, and for the purposes set out in this Agreement and our
5.2 You must promptly inform us if you become aware that any of Your Information
breaches this Agreement and take whatever steps may be necessary to correct the
breach. This clause is not intended to limit our rights under any other provision of
this Agreement if such a breach occurs.
5.3 In order to protect your security, we encourage you not to include any personal
information that makes you readily identifiable to other Users. In addition, you
should never share information such as your telephone number, home address or
credit information with other Users.
6. Other Information
6.1 We do not check, and do not take responsibility for:
(1) the veracity, accuracy or completeness of information provided by you on or in
connection with the Website (including the identity, age or place of residence); or
(2) Content on this Website which we source from Third Party Websites.
7. Intellectual Property
7.1 You acknowledge that the Content in this Website is the subject of Intellectual
Property and legal rights (including third party rights). You may not, during or at any
time after the expiry or termination of this Agreement, do or permit any act which
infringes any of those rights.
7.2 Other than as expressly permitted by law or this Agreement, you may not,
without the specific prior written consent of Express Publications, do any of the
following things, either directly or indirectly:
(1) use, copy, reproduce, translate, reuse, transmit, retransmit, adapt, vary,
remove, alter, modify, store, publish, republish, broadcast, link, distribute, frame,
post, upload, rewrite, broadcast or store Content;
(2) incorporate Content into any other website or use Content for any commercial
(3) store Content in a retrieval system by any means, including graphic, electronic
or mechanical means, photocopying, recording, taping or storage in an information
retrieval system; or
(4) use Content in any manner or for any purpose which is unlawful, which violates
any right of Express or which is prohibited by this Agreement.
7.3 Subject to clause 7.2, you must ensure that all copies of material from the
Website retain any copyright or other intellectual property notices contained in the
7.4 Some of the copyright in the Content is included on the Website under a licence
from third parties. Any permission to use, copy or reproduce that Content (other
than in the course of viewing this Website) must be obtained from the copyright
owner. It is your responsibility to obtain such authorisation.
7.5 All names, logos and trademarks (both registered and unregistered) are the
property of Express Publications, or the third parties who have contributed to this
Website. Nothing contained on this Website should be construed as granting any
licence or right to use or distribute any name, logo or trademark displayed on the
Website without the prior express written permission of Express Publications or the
third party contributor.
8. Indemnity and Limitation of liability
8.1 You indemnify Express Publications, its directors, officers, employees, suppliers
and agents to the fullest extent permitted by law, from and against all Loss however
occurring to you or anyone else arising out of, or in any way connected with, the use
of this Website. The cause of the Loss includes but is not limited to:
(1) access or use, or inability to access or use this Website;
(2) reliance on any Content;
(3) the transmission of any computer virus;
(4) Express Publications’ negligence;
(5) a breach of your computer’s security;
(6) any unauthorised access to, modification or alteration of Content;
(7) any material or data sent or received or not sent or received;
(8) any infringement of another’s rights, including Intellectual Property;
(9) any threatening, defamatory, obscene, offensive, harmful, inappropriate, illegal
content or conduct of any party;
(10) any Content sent by any third party using and/or included in this Website; and
(11) delays, interruptions, inaccuracies, errors, omissions or cessation of services.
8.2 In relation to Non Excludable Rights, any liability incurred by Express Publications
in relation to the use of this Website or the Content is limited as provided under the
Competition and Consumer Act 2012 (Cth). Liability which cannot be excluded, is
limited to the extent possible:
(1) the supply of the goods or services again;
(2) the repair of the goods; or
(3) the payment of the cost of having the goods or services supplied again or
(4) a refund.
9.1 The Website and the Content are provided on an "as is" basis.
9.1 The Website and the Content are provided on an “as is” basis. Express
Publications makes no representations or warranties regarding the accuracy,
reliability or completeness of the Content of the Website.
9.2 From time to time Express Publications may change the Website to add or
remove features or services, without liability to Users.
9.3 To the fullest extent permitted by law, Express Publications disclaims all
warranties, express or implied or otherwise, including without limitation any implied
warranties of merchantability or fitness for a particular purpose relating to your use
of the Website, or access to or non-access to the Website. In addition, Express
Publications does not warrant that the Website or the server that makes it available,
or email sent from Express Publications are free of viruses or other harmful
10.1 The Website contains links to Third Party Websites that are not owned,
operated or maintained by Express Publications. Express Publications has no control
over the content or policies of such Third Party Websites and accepts no
responsibility for any Loss arising from your use of a Third Party Website.
10.2 Links to Third Party Websites are for your convenience only and do not
constitute endorsement or recommendation by Express Publications of any material
found at those sites.
10.3 You visit Third Party Websites entirely at your own risk. We strongly
Third Party Website.
11.1 During your use of the Website, we may issue to and request from your
computer blocks of data known as “cookies”. By using this Website you authorise us
to issue such cookies to your computer. You must not alter any cookies sent to your
computer from the Website and you must ensure that your computer sends correct
and accurate cookies in response to any relevant request from the Website.
12.1 If any provision of this Agreement is found to be invalid or unenforceable by a
court of law, such invalidity or unenforceability will not affect the remainder of this
Agreement which will continue in full force and effect. All rights not expressly
granted are reserved.
12.2 If you breach any provision of this Agreement and Express Publications has
knowledge of that breach, a failure to pursue legal action or to enforce any remedy
against you will not constitute a waiver of our legal rights. Any waiver or legal rights
granted under this Agreement will only be effective if it is in writing and signed by
13. Governing law and jurisdiction
13.1 All matters relating to this Website are governed by and are to be construed
according to the laws applicable in the State of New South Wales, Australia. You
irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of
New South Wales,Australia.
13.2 Express has the right to commence and prosecute any action or proceeding
before any court of competent jurisdiction to obtain injunctive or other relief if
Express Publications considers (in its discretion) that the action is necessary or
14. Using the Website from outside Australia
14.1 If you access the Website from a country other than Australia and the Content
and this Agreement do not satisfy the laws of your country, you are not entitled to
use the Website.
14.2 If you do use the Website despite infringing clause 14.1, you agree to
indemnify Express Publications for any Loss which may be incurred as a consequence.
15.1 In this Agreement:
(1) Agreement means the terms, conditions, notices, disclaimers and offers to
purchase contained in this document and elsewhere on the Website;
(2) Applicable Law in relation to any person, action or thing means the following in
relation to that person, action or thing:
(a) any law, rule or regulation of any country (or political sub-division of a country);
(b) any obligation under any licence in any country (or political sub-division of a
(c) any lawful and binding determination, decision or direction of a regulator in any
country (or political sub-division of a country);
(3) Content means any information including files, text, material, images, data,
sounds, graphics, software, photos, graphics, software downloads, goods, service
documents, layouts, applets, CGI interfaces, product photographs, screen designs,
descriptions, illustrations, catalogues, advertisements, third party advertisements,
publicity material, audio and video material, references to products or services, or
specifications contained in, referred to, on this Website, obtained or able to be
viewed by accessing any part of this Website (which may be out of date or
superseded), whether it be obtained directly or indirectly, in any machine or human
(4) Express Publications means Express Publications Pty Limited ACN 057 807 904
its subsidiaries, officers, agents, directors, officers, employees and “related bodies
corporate” as defined in the Corporations Act 2001;
(5) Intellectual Property means all intellectual property rights as defined by Article 2
of the World Intellectual Property Organisation Convention 1967, in any inventions,
designs, trademarks, trade names, circuit layouts, plant varieties, business and
domain names, logos and get-up, confidential information, matter, materials or
works accessible on or via the Website;
(6) Loss means any direct, special, indirect, incidental or consequential liabilities,
damages, claims, losses, costs, expenses, actions, claims, suits, demands, whether
in contract, tort (including negligence), statute or otherwise, whether suffered by
you, someone else, or claims made against you through the use of this Website. This
includes, but is not limited to, loss of business profits, legal costs and defence or
(7) Non Excludable Rights means the rights and remedies conferred by the
Competition and Consumer Act 2012 (Cth) in relation to the provision of goods or
services on web sites which cannot be excluded, restricted or modified. Where any
Act of Parliament implies any term, condition, representation or warranty into the
use of this Website or your use of or access to the Website, and that Act prohibits
exclusion of that term, condition, representation or warranty, then it will be included
in these Non Excludable Rights;
(8) Services means the services provided by Express Publications on the Website;
(9) Third Party Websites means sites and resources located on servers maintained
by others over whom Express Publications has no control;
(10) User means any person who visits and browses the Website but has not
registered as a Member;
(11) Website means those web pages contained within the domain http://
www.magstore.com.au and any sub-domains; and
(12) Your Information means any information you provide to us in the process of
purchasing subscriptions and/or products from Magstore.
If your order is cancelled before all issues are received,
you will receive a pro-rata refund on the cancelled
issues subject to clause 1.10 of our Conditions of
Use. All cancelled subscription orders will incur a $20
Administration Fee for the processing of refunds.
PLEASE NOTE: Free gifts are usually dispatched
immediately and arrive separate to the magazine
subscription, however please allow up to 4 to 6
weeks for delivery.
Not all offers are open to non-Australian residents.
*This number is toll free for Australian residents only.