Terms and conditions

Corporate ownership

• From 1 July 2018, Books+Publishing is owned by Books and Publishing Pty Ltd (ABN 68 627 053 098).
• Prior to 1 July 2018, Books+Publishing was owned by Thorpe-Bowker, a division of R R Bowker LLC (ABN 77 097 830 745) and subsidiary of ProQuest.
  

Website

The Books+Publishing website uses the domain booksandpublishing.com.au.

Use of this website is conditional upon you agreeing to the terms and conditions below (Terms and Conditions). By subscribing to Books+Publishing, you acknowledge that you have read and agree to be bound by these Terms and Conditions (as amended from time to time).

Becoming a Subscriber

1. You acknowledge that by purchasing Books and Publishing subscription product (“Subscription Product”) you are provided exclusive access to the website in return for a subscription fee, paid in advance.
2. To register as a subscriber you must be: over 18 years of age; and have the legal capacity to enter into a legally binding contract.
3. If your subscription application is accepted by Books and Publishing permitting you to access this Subscription Product, your subscription will continue for the period in respect of which the subscription fee is paid unless terminated earlier in accordance with these Terms and Conditions.

Termination of subscription

4. Books and Publishing may, in its absolute discretion, and without notice or liability to you:
   1. refuse your subscription application;
   2. terminate your subscription if:
      1. you breach these Terms and Conditions;
      2. you act in a way that, in the opinion of Books and Publishing, is likely to be detrimental to the interests of Books and Publishing.
5. If Books and Publishing terminates your subscription, Books and Publishing may, in its absolute discretion cease to provide you with access to this Subscription Product.
6. You may terminate your subscription at any time by sending an e-mail to Books and Publishing requesting termination to subscriptions@booksandpublishing.com.au.
7. Termination of your subscription does not entitle you to a refund of the subscription fee or any part of it.

Auto-renew subscription

8. If you purchase an auto-renew (continuous) Subscription Product:
   1. A transaction will automatically be processed at the end of the original subscription period to create a new subscription.
   2. The new subscription will have the same length in time as the original subscription period.
   3. The auto-renew subscription period is usually either one month or one year.
9. If you wish to terminate an auto-renew subscription product, you must contact Books and Publishing at subscriptions@thorpe.com.au at least 3 working days before the product makes an auto-renew transaction.

Copyright

10. All content provided in Books+Publishing publications (including website, newsletters and magazines) is owned by or licensed to Books and Publishing.
11. You acknowledge Books and Publishing’s copyright and agree to take all steps necessary to protect that copyright.
12. You agree to refrain from all copying, photocopying, printing, emailing or other reproduction of all or any part of this product except where permitted under the Copyright Act.

Reproducing content

13. You may view website content in a browser and print one hard copy of any piece content solely for the non-commercial use of an individual reader, provided you do not modify or delete any copyright, trademark or other proprietary notices.

Circulating content

14. Businesses or individuals who print out, copy, email or otherwise circulate this Subscription Product in any way without the express written permission of Books and Publishing are in breach of copyright.
15. To create a PDF of the Weekly Book Newsletter (or any other Books and Publishing newsletter) and forward it to other people is a breach of the subscription licence and a breach of the Copyright Amendment (Digital Agenda) Act 2000.

Licence to login and access content

16. Books+Publishing’s website and newsletters contain content that is exclusive to subscribers, and this is usually indicated using a lock symbol.
17. A subscription to Books+Publishing is a licence to access the content for a specific number of users.

Login limitations

18. Each Books+Publishing subscription come with a specific number of user logins according to the subscription package.
19. A single-user subscription comes with one user login and is intended to allow only one person to log in to the website.
20. If you share your personal login details (username and password) with another person, then after they log in to the website, you will be logged out and won’t be able to access the website.
21. More information about login limitations is available here.

Links to other websites

22. The website contains links to sites owned and operated by third parties and which are not under the control of the Books and Publishing.
23. In relation to the other sites which are linked to the website, Books and Publishing:
    1. provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by Books and Publishing of the linked site; and
    2. is not responsible for the material contained on those linked sites and your use of those linked sites is subject to the terms and conditions of use of such sites.

Use of information gathered

24. You acknowledge that Books and Publishing may collect your personal data for reasons of identity verification, security and service provision as set out in Books and Publishing’s Privacy Policy.
25. You acknowledge that by logging in as a subscriber, the website will record a cookie, in order to allow it to function correctly and provide content.

Advertising Terms and Conditions

26. Any booking of advertising space or classifieds in Books and Publishing (Books and Publishing Pty Ltd) print and online publications, including Books+Publishing magazine and the Weekly Book Newsletter, confirms the advertiser’s acceptance of these terms and conditions, and their commitment to adhere to them.
27. Advertisers may only discontinue or cancel any contract, schedule or verbal order with Books and Publishing‘s consent in writing. Any request for discontinuance or cancellation must be in writing, addressed to the Advertising Sales Manager, Books+Publishing, PO Box 42,Prahran, VIC 3181 or email advertising@booksandpublishing.com.au. Any such request will be considered only if received prior to the bookings closing date current at the time the request is received and will be subject to any surcharge that may be applicable by virtue of reduced usage under the contract, schedule or verbal order. Any request by the advertiser is an implied acceptance of the surcharge.
28. In the case of front cover advertising for Books+Publishing magazine cancellation notification must be received at least three months prior to the booking deadline of the relevant issue. In the case of all display advertising in the Think Australian export catalogue, it must be received at least one month prior to the published booking deadline.
29. Bookings accepted after the advertising booking closing date will be only on a non-cancellable basis.
30. All material as specified in Books and Publishing‘s rates information (sheet) must be supplied to Books and Publishing by material closing date. If such copy and materials are not so supplied, then Books and Publishing shall be at liberty to charge the advertiser or his agent for the space booked and, where applicable, insert the advertiser’s previous advertisement from the same publication.
31. Books and Publishing reserves the right to vary advertising rates from time to time without notice.
32. Printer’s error, casual displacement or omission does not invalidate the contract. Every care shall be taken to ensure prompt insertion of all advertisements, but Books and Publishing shall not be liable for any loss occasioned by the failure of an advertisement to appear in any specified issue or by any specified date.
33. Books and Publishing will not be responsible for reproduction quality when artwork has not been supplied to specifications.
34. Books and Publishing shall not be liable for any loss or damage to materials not claimed with one (1) month of the last use.
35. All advertising matter is subject to the approval of Books and Publishing, which reserves the right to reject any advertising materials.
36. An advertisement that is deemed by Books and Publishing to have the appearance of editorial material shall have the word ‘Advertisement’ set above or below it in a type size no smaller than 6pt caps.
37. Positions are entirely at the option of Books and Publishing unless otherwise arranged with the Advertising Manager.
38. No advertisement is accepted on the basis that there will be editorial mention of the advertiser’s goods or services.
39. The advertiser and their advertising agent, if any, each warrants to Books and Publishing, its servants and agents that nothing in the advertising material infringes any Federal or State law or the rights of any person.
40. The advertiser and their advertising agent, if any, to the extent permissible by law, each indemnifies Books and Publishing, its servants and agents against all costs, expenses, claims, demands, damages and loss of any kind wholly or partly attributable to or arising out of acceptance or publication of any advertising material.
41. Where advertising material is not supplied in accordance with each publication’s requirements and specifications, Books and Publishing reserves the right to perform any additional work required at trade house rates and to bill this amount to the advertiser.
42. Books and Publishing reserves the right to cancel any supplement, special focus, editorial feature or stand-alone publication at any time if, due to lack of advertiser support, the initiative proves commercially unviable. In such cases, Books and Publishing will accept no liability for any actual or perceived loss arising from such a cancellation.

Warranties provided by you

30. You warrant and acknowledge that:
    1. you are over the age of 18 years and that you have the legal capacity to enter into a legally binding contract;
    2. the information you provide on this website is:
       1. correct, complete and current;
       2. not misleading or deceptive or likely to mislead or deceive; and
       3. free from any programming bugs or computer viruses, faults or errors;
    3. you will comply with all applicable laws in relation to any transactions entered into on this website and you will not use this website for any illegal or fraudulent purpose;
    4. you will not impede the use of this website by any person;
    5. you will maintain secrecy and confidentiality of all username and password information required by you to access the Subscription Product and you will immediately notify Books and Publishing if your password has been lost, stolen or compromised in any way; and
    6. you will not impersonate any other person or allow any other person to impersonate you or make use of your username or password.

Disclaimer

37. You acknowledge that:
    1. Books and Publishing makes no warranties as to, and does not vet, authorise or endorse the accuracy, currency, suitability or completeness of any information contained on or accessed through this website (the Information);
    2. Books and Publishing may, without notice or explanation to you, and at any time alter the nature, format, frequency or content, modify or discontinue the Subscription Product or any other services offered on this website;
    3. Books and Publishing does not warrant or represent that:
       1. any message posted, uploaded or otherwise transmitted to or from this website has not been altered in transmission;
       2. any message posted, uploaded or otherwise transmitted to or from this website will be received by the intended recipient; or
       3. any information (including any file) downloaded or otherwise transmitted to you from this website is free from viruses, faults or errors;
    4. whilst Books and Publishing will try to ensure that this website is accessible to users, it does not warrant that users or potential users will have continuous access to this website. Books and Publishing will not be liable in the event that this website is unavailable to users or potential users due to:
       1. any events caused by Books and Publishing, whether negligent or not; or
       2. any events beyond the control of Books and Publishing, including but not limited to, server downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities, or any other reason whatsoever.

Limitation of liability

37. To the full extent permitted by law, Books and Publishing, its directors, employees, agents, contractors and related bodies corporate, will be under no liability to any person in respect of any loss or damage (including consequential and special loss or damage) which may be suffered or incurred or which may arise directly or indirectly from or in connection with:
    1. any use of this website or of the Information for whatever reason;
    2. any goods or services purchased or obtained from this website;
    3. any transaction entered into through this website; and /or
    4. termination of your access to this website

    whether or not such loss or damage was as a result of error or misrepresentation, negligent act or omission, or any other cause whatsoever.

38. If any law prohibits the exclusion of such liability, Books and Publishing limits its liability to the extent permitted by the law and at its option:
    1. if the breach relates to goods supplied by Books and Publishing:
       1. the replacement of the goods or the supply of equivalent goods; or
       2. the repair of such goods;
    2. if the breach relates to services supplied by Books and Publishing, the supplying of the services again;
    3. if the breach relates to the supply of Information to the re-supply of such information.

Alteration of Terms and Conditions

38. Books and Publishing reserves the right to change these Terms and Conditions:
    1. with or without further notice to you; and
    2. without giving you any explanation or justification for such change.

Governing law

39. These Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts in the State of Victoria.

Entire Agreement

40. These Terms and Conditions set out the entire agreement and understanding between you and Books and Publishing and supersedes all prior agreements, understandings, representations and warranties, whether express or implied.