The Spinney Press
PO Box 438 Thirroul NSW 2515
ABN 63 092 449 404
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
The following TERMS AND CONDITIONS govern the use of The Spinney Press website (spinneypress.com.au), your interactions with The Spinney Press and the collection and use of your personal information by The Spinney Press.
By using this website, you signify your acceptance of these TERMS AND CONDITIONS of use. For the purposes of these TERMS AND CONDITIONS, “Us”, “Our” and “We” refers to The Spinney Press and its website (spinneypress.com.au), and “You” and “Your” refers to you, the website user or customer using The Spinney Press website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to use of The Spinney Press website to ensure you are aware of any changes. We will endeavour to highlight any changes to our Terms and Conditions applicable to you, where possible. If you choose to use The Spinney Press website, we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and The Spinney Press’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to your using The Spinney Press website that you agree and accept that The Spinney Press is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which The Spinney Press shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), The Spinney Press’s liability for any breach of a term of this agreement is limited to: the re-supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
DELIVERY OF GOODS
If relevant, physical goods (i.e. print books) may be delivered by Australia Post or its contractors. Deliveries are processed promptly upon receipt of full payment, or if supplied On Account. Delivery may take between 2 and 10 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post directly; The Spinney Press is not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is at the discretion of The Spinney Press.
If relevant, eBooks (“Digital Editions”) are delivered immediately upon pre-payment. eBook orders placed On Account are subject to review by our Customer Service during regular office hours (Monday-Friday, 9am-5pm) prior to prompt processing, email notification and delivery via the website. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any eBooks, please contact The Spinney Press for assistance.
RETURNS AND REFUNDS
If relevant, The Spinney Press handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
(i) Print Books
If relevant, should you wish to return your Print Books order, please notify The Spinney Press within 14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased.
Refunds and returns are not accepted by The Spinney Press unless the customer has received an unordered item, or an item damaged in transit, or a faulty item. We aim to provide replacement copies of undelivered or returned items when requested, however The Spinney Press is only obligated to refund purchase costs. Please note that The Spinney Press will not refund return postage and packing charges:
In relation to returns and/or refunds, please do the following:
* Make a note for your reference of the invoice number and item number/Volume/ISBN(s) printed on the invoice.
* Contact customer service via our Contact page or by calling +61 2 4268 5600.
* Return the item(s) with the original dispatch note in the original packaging.
Unopened goods will be refunded in full. Refunds will be processed promptly, and payment made by the same method that you made payment. All refunds are made at the discretion of The Spinney Press.
(ii) eBooks (“Digital Editions”)
Customers are not entitled to a refund or to return an eBook. The Spinney Press will resupply corrupted, incomplete or incorrectly supplied eBooks if notified within 48 hours of purchase. The Spinney Press is not obliged to resupply an eBook that has been lost due to system failure, accidental deletion or other causes beyond The Spinney Press’s control. Replacement of lost eBooks is at the discretion of The Spinney Press.
It is the customer’s responsibility, once supplied, to ensure the security and integrity of the eBook files, within the limitations of the Licence granted on purchase of the eBook.
The Spinney Press reserves the right at its sole discretion not to supply certain customers, or customers in certain countries, or to apply any limitations of quantity or value deemed appropriate.
LINKS TO OTHER WEBSITES
The Spinney Press may provide on its website links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between The Spinney Press and the owners of those websites. The Spinney Press takes no responsibility for any of the content found on the linked websites.
The Spinney Press website and the products it sells (i.e. Print Books and eBooks) may contain information provided by third parties. The Spinney Press accepts no responsibility whatsoever for any information or advice provided to you by third parties within its products.
To the fullest extent permitted by law, The Spinney Press absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. The Spinney Press gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that this website or its server is free of viruses or any other harmful components.
Whilst The Spinney Press, at all times endeavours to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of The Spinney Press to bear any and all costs of servicing, repairs, or correction. The applicable law in your State or Territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
The Spinney Press is committed to protecting the privacy of your personal information. We collect and may use information from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, browse the website, or use certain other site features.
You may change your details at any time by advising The Spinney Press. All information we receive from our customers is protected by secure servers. The Spinney Press website is also secured by server software which encrypts all customer information before it is sent to The Spinney Press. All customer data collected is secured against unauthorised access or use. Credit card information is not stored by the web servers used by The Spinney Press.
We do not and will not sell or deal in personal or customer information. We may however use – in a general sense, without any reference to your name – your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
DISCLOSURE OF INFORMATION
The Spinney Press may be required, in certain circumstances, to disclose information in good faith and where The Spinney Press is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of customer agreements; or to protect the rights, property or safety of customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business or domestic users, then you are a competitor of The Spinney Press. The Spinney Press expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party.
If you breach this term, The Spinney Press will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. The Spinney Press reserves the right to exclude and deny any person access to our website, services or information at our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
The Spinney Press contains material which is owned by or licensed to us. This material includes, but is not limited to, the text content, design, layout, look, appearance, graphics and trademarks. You are not permitted to reproduce the products, documents, information or materials on the website for the purposes of sale or use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the products, documents, information or materials that may be available for download from time to time on this website.
The Spinney Press expressly reserves all copyright and trademark in all products, documents, information or materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Definition of eBooks
For the purposes of these terms and conditions, “eBooks” refers to “Digital Editions” and/or “Products”; the use of these three terms may be interchangeable.
eBooks supplied by The Spinney Press are supplied as an initial download to you via your User Account on The Spinney Press website and then managed by you as an individual or institution under the terms of a User Licence. These eBooks are DRM-free (i.e. free of “Digital Rights Management”), digitally watermarked PDF files (i.e. every page displays the eBook licensee’s name and email address) and are most suitable for computer-based use.
An institution-wide licence applies (see Digital Editions Licence – Institution-Wide Use below). You may access your eBooks remotely via your own secure password-protected network, library OPAC or learning management software (e.g. Moodle). Adobe Reader 7.0+ required.
Requirements for eBook use
eBooks (“Digital Editions”) are available to schools and other approved educational institutions, libraries and also to individuals – but only for non-commercial use.
Not all mobile devices will be supported by eBooks. Users of eBooks require compatible computers and devices and may require internet access and certain software for initial download and management. You agree that these requirements may change from time to time and are your responsibility.
As a registered user of our eBooks, you may establish a User Account on The Spinney Press website. You are responsible for maintaining the confidentiality and security of your User Account and for all activities that occur on or through your User Account. You agree to immediately notify The Spinney Press of any security breach of your User Account. The Spinney Press shall not be responsible for any losses arising out of any unauthorised use of your Account.
Use of eBooks
eBooks may only be downloaded for use by a single user or institutional customer. Once an eBook is downloaded, it is your responsibility not to lose, damage or destroy it and The Spinney Press shall not be liable to you if you do so. If lost for any reason, The Spinney Press will, at its sole discretion, attempt to recover the eBooks.
Your use of eBooks indicates the ability by you to enter into agreements and/or to make transactions electronically. Any transactions entered into by you as part of eBooks are subject to these TERMS AND CONDITIONS and any applicable end user agreements that apply to any Products available on eBooks. You agree that your use of The Spinney Press website constitutes your acceptance to use the website and its Products in accordance with these TERMS AND CONDITIONS.
Any other use of the eBooks may constitute a copyright infringement or other violation of intellectual property rights by you. You acknowledge that all eBooks and their descriptions are provided by The Spinney Press as a convenience and you agree that The Spinney Press does not guarantee their accuracy.
The delivery of eBooks does not transfer to you any commercial or promotional use rights to the Products. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant, or other limitation of any rights of the copyright owners.
All Content made available through eBooks is licensed, not sold to you as an end user customer, and is limited to private or institutional installation only. You agree that your use of the Content constitutes your acceptance to use such Content in accordance with these eBooks User Terms. Any other use of the Content may constitute a copyright infringement or other violation of intellectual property rights by you.
You acknowledge that certain Applications and Content may contain security technology, including digital watermarking, that limits your usage of that Content. You agree not to attempt to, or assist any other person to, circumvent or modify any security technology or software that is part of the Service or included in any of the Applications or Content. Any other use of the Applications or Content may constitute a copyright infringement by you.
Digital Editions Licence – Institution-Wide Use
The Spinney Press grants Institutional purchasers of its Digital Editions (“eBooks”) a Licence to use Digital Editions (“eBooks”) for educational purposes on the terms set out in the Copyright Agency Limited Licence Agreement which must be agreed to upon initial download from The Spinney Press website.
eBooks (“Digital Editions”) may only be hosted online via your Institution’s password-secured network and may be made available anywhere at the licensed Institution/Campus, at the homes of staff and students of the Institution, within a school network, and from a library/learning management system.
eBooks and intellectual property
You agree that the eBooks contain proprietary information and material that is owned by The Spinney Press and/or its licensors. This is protected by all applicable intellectual property rights and other laws, including but not limited to copyright. You agree that you will not use such proprietary information in any way other than for use of the eBooks in accordance with eBooks Licence.
No part of our eBooks may be reproduced in any form or by any means, except as expressly permitted in these TERMS AND CONDITIONS, including adherence to the Digital Editions Licence – Institution-Wide Use. You agree not to use the eBooks in any unauthorised way including, but not limited to, by trespass or burdening network capacity.
We reserve the right to change, suspend, remove, or disable access to any Products, Content, or other materials comprising a part of the website at any time and without notice. The Spinney Press may also impose limits on the use of or access to certain features of the website service, in no event will The Spinney Press be liable for making these changes.
All copyrights in and to eBooks and any related software are owned by The Spinney Press and/or its licensors, who reserve all their rights in law and equity. The use of eBooks or any of the software that forms part of the website service in any way other than as permitted by these TERMS AND CONDITIONS is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and/or criminal penalties for copyright infringement.
These TERMS AND CONDITIONS represent the whole agreement between you and The Spinney Press concerning your use and access to The Spinney Press website and your use and access to the products, documents, information or materials on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these TERMS AND CONDITIONS in that State or Territory. Such a clause, if legal and enforceable in any other State or Territory, shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these TERMS AND CONDITIONS of use.
This agreement and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and The Spinney Press that results in litigation, then you must submit to the jurisdiction of the courts of New South Wales.
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Terms and Conditions last updated: 1 April 2019.
Copyright © The Spinney Press 2019. Terms and Conditions.