Terms and Conditions

Thorpe-Bowker, a division of R.R. Bowker LLC
(ABN 77 097 830 745)

Thorpe-Bowker is the owner of the domain name booksellerandpublisher.com.au.

Use of this website is conditional upon you agreeing to the terms and conditions below (Terms and Conditions). By clicking on the I accept button below, 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 this Thorpe-Bowker subscription product ("Subscription Product") is provided exclusively to subscribers in return for a subscription fee, paid in advance (except in the case of a 'Free Trial' subscription).
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 Thorpe-Bowker 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. Thorpe-Bowker 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 Thorpe-Bowker, is likely to be detrimental to the interests of Thorpe-Bowker.
5. If Thorpe-Bowker terminates your subscription, Thorpe-Bowker 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 Thorpe-Bowker requesting termination to subscriptions@thorpe.com.au.
7. Termination of your subscription does not entitle you to a refund of the subscription fee or any part of it.

Copyright

8. All information provided on this website is owned by or licensed to Thorpe-Bowker. You acknowledge Thorpe-Bowkers copyright in this Subscription Product and agree to take all steps necessary to protect that copyright. 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.

Use of material on the website

9. You may display and electronically copy, download and print one hard copy of any 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. Businesses or individuals that print out, copy, email or otherwise circulate this Subscription Product in any way without the express written permission of Thorpe-Bowker are in breach of copyright.

Links to other websites

10. The website contains links to sites owned and operated by third parties and which are not under the control of the Thorpe-Bowker.
11. In relation to the other sites which are linked to the website, Thorpe-Bowker:
    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 Thorpe-Bowker 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

12. You acknowledge that Thorpe-Bowker may collect your personal data for reasons of identity verification, security and service provision as set out in Thorpe-Bowker's Privacy Policy.

Advertising Terms & Conditions

13. Any booking of advertising space or classifieds in Thorpe-Bowker (a division of R R Bowker LLC) print and online publications, including BOOKSELLER+PUBLISHER magazine and the Weekly Book Newsletter, confirms the advertiser’s acceptance of these terms and conditions, and their commitment to adhere to them.
14. Advertisers may only discontinue or cancel any contract, schedule or verbal order with Thorpe-Bowker‘s consent in writing. Any request for discontinuance or cancellation must be in writing, addressed to the Advertising Sales Manager, Thorpe-Bowker, C3/85 Turner Street, Port Melbourne 3207 or fax (03) 8645-0368. 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.
15. In the case of front cover advertising for BOOKSELLER+PUBLISHER 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.
16. Bookings accepted after the advertising booking closing date will be only on a non-cancellable basis.
17. All material as specified in Thorpe-Bowker‘s rates information (sheet) must be supplied to Thorpe-Bowker by material closing date. If such copy and materials are not so supplied, then Thorpe-Bowker 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.
18. Thorpe-Bowker reserves the right to vary advertising rates from time to time without notice.
19. 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 Thorpe-Bowker 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.
20. Thorpe-Bowker will not be responsible for reproduction quality when artwork has not been supplied to specifications.
21. Thorpe-Bowker shall not be liable for any loss or damage to materials not claimed with one (1) month of the last use.
22. All advertising matter is subject to the approval of Thorpe-Bowker, which reserves the right to reject any advertising materials.
23. An advertisement that is deemed by Thorpe-Bowker 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.
24. Positions are entirely at the option of Thorpe-Bowker unless otherwise arranged with the Advertising Manager.
25. No advertisement is accepted on the basis that there will be editorial mention of the advertiser's goods or services.
26. The advertiser and their advertising agent, if any, each warrants to Thorpe-Bowker, its servants and agents that nothing in the advertising material infringes any Federal or State law or the rights of any person.
27. The advertiser and their advertising agent, if any, to the extent permissible by law, each indemnifies Thorpe-Bowker, 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.
28. Where advertising material is not supplied in accordance with each publication's requirements and specifications, Thorpe-Bowker reserves the right to perform any additional work required at trade house rates and to bill this amount to the advertiser.
29. Thorpe-Bowker 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, Thorpe-Bowker 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 Thorpe-Bowker 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

31. You acknowledge that:
    1. Thorpe-Bowker 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. Thorpe-Bowker 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. Thorpe-Bowker 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 Thorpe-Bowker 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. Thorpe-Bowker will not be liable in the event that this website is unavailable to users or potential users due to:
       1. any events caused by Thorpe-Bowker, whether negligent or not; or
       2. any events beyond the control of Thorpe-Bowker, 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

32. To the full extent permitted by law, Thorpe-Bowker, 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.
33. If any law prohibits the exclusion of such liability, Thorpe-Bowker limits its liability to the extent permitted by the law and at its option:
    1. if the breach relates to goods supplied by Thorpe-Bowker:
       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 Thorpe-Bowker, 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

34. Thorpe-Bowker 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

35. 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

36. These Terms and Conditions set out the entire agreement and understanding between you and Thorpe-Bowker and supersedes all prior agreements, understandings, representations and warranties, whether express or implied.