Terms and Conditions

Please read these terms and conditions carefully before using this site. Terms of website use as at 17th July 2018.

These terms and conditions (“Terms”) are comprised of both this document and the documents referred to in it. The Terms set out the terms and conditions on which you may use our websites (including www.hachette.com.au, www.dateabook.com.au and www.hachettechildrens.com.au).

Please read the Terms carefully before you start to use our sites. By using our sites, you confirm that you agree to comply with the Terms. If you do not agree to the Terms, do not use our sites.

From time to time we may amend the Terms (including the “other documents” referred to below). Depending on which document is revised, the new or amended Terms will be made available on this page or on the page which hosts the relevant document. You are responsible for checking for each amended set of terms. To make this easier, each document will be dated with the date on which it commences.

Other Documents

The following additional documents also apply to your use of our sites, and are part of the Terms with which you must comply:

• our Privacy Policy (as amended from time to time), which sets out what personal data we collect and how we use that data;
• our Acceptable Use Policy (as amended from time to time), which sets out particular terms about how you are permitted to use our sites and what you are prohibited from doing; and
• our Cookie Policy (as amended from time to time), which sets out information about cookies on our sites.

If you purchase goods from our sites, our Terms and Conditions of Sale will apply.

Information About Us

Our sites include www.hachette.com.au, www.dateabook.com.au and www.hachettechildrens.com.au are sites operated by Hachette Australia Pty Ltd ("we"). We are registered in Australia under ABN 32 00 884 855 and our registered office is at Level 17, 207 Kent Street, Sydney, NSW. Our main trading address is Level 17, 207 Kent Street, Sydney, NSW. (But please note that we do not sell books from this address.)

Changes to Our Sites

We may update our sites from time to time, and may change the content at any time. However, while we strive to keep our content up-to-date, at any given date some of it may have been superseded.

Accessing Our Sites

Our sites are made available free of charge.

Access to our sites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our sites without notice. We will not be liable to you if for any reason our sites are unavailable at any time or for any period.

You are responsible for making all arrangements (such as arrangements for software, hardware and internet connectivity) that may be necessary to gain access to our sites (when available) or any content on them.

You are also responsible for ensuring that all persons who access our sites through your internet connection are both aware of these Terms and comply with them.

Your Account and Password

You must treat any user identification code, any password, any answers to user verification questions and any other piece of information that might (if disclosed) compromise our security procedures as confidential, and you must not disclose these to any third party.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at privacyofficer@hachette.com.au.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of the Terms.

You warrant that all account information you provide is accurate

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our sites, and in all the material published on them. This material is protected by copyright laws and treaties around the world and all rights are reserved.

You may:

• Bookstores, other retailers, wholesalers and commercial distributors of books together with media organisations may print, download and communicate to the public images of our book covers for promotional and review purposes;
• let other people know about content posted on our sites (for example, by providing them with links).
• You must, when referencing the sites or the material on them:
• acknowledge us – and any identified contributors – as the creators and authors.

You must not:

• Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website, including files downloadable from this website, without the permission of the copyright owner. The Australian Copyright Act allows certain uses of content from the internet without the copyright owner’s permission. This includes uses by educational institutions and by Commonwealth and State governments, provided fair compensation is paid. For more information, see www.copyright.com.au and www.copyright.org.au. The owners of copyright in the content on this website may receive compensation for the use of their content by educational institutions and governments, including from licensing schemes managed by Copyright Agency. We may change these terms of use from time to time. Check before re-using any content from this website;
• reproduce or communicate to the public any of the materials available on the sites other than in accordance with these Terms;
• in any way modify any materials you print, copy or download from the sites;
• use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
• reverse engineer, access the source code of or otherwise deal with the sites except as expressly permitted under these Terms;
• systematically download pages or materials from the sites in aggregate quantities;
• take any action which imposes an unreasonable or disproportionately large load on the sites or our infrastructure; or
• use any part of the content on our sites for commercial purposes without first obtaining a licence from us or (where relevant) from our licensors.

No Reliance On Information

The content on our sites is provided for general information only and is offered on an “as is” basis. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our sites.

Limitation of Our Liability

We do not guarantee that our sites, or any content on them:

• will be free from errors or omissions;
• will always be available or that access will be uninterrupted; or
• will always be up-to-date.

To the maximum extent permitted by law and save as expressly stated in these Terms, all other express or implied terms, conditions, warranties, statements, assurances and representations in relation to the sites and/or any content on the sites arising from these Terms are expressly excluded.

If any of the exclusions or limitations set out in this clause are declared illegal or void or if there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these Terms, then, to the extent permitted by law, our entire liability and your exclusive remedy is limited to, at our discretion, the replacement of any applicable goods or service, or the supply of equivalent goods or an equivalent service.

In no event will we (including our agents, employees or contractors) be liable for any: (a) direct loss; or (b) indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), (including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption) however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of our performance or non-performance of these Terms and including any such loss:

• caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading od any content on them or on any websites linked to them; and
• for any such loss that may arise from your use of websites to which our sites link (such links not to be interpreted as endorsement by us of those linked websites or of any goods or services offered on or through them).

To the maximum extent permitted by law, our maximum cumulative liability under these Terms shall not exceed an amount greater than the income we have received from you in the last 3 months.

For limitations on our liability arising as a result of the supply of any goods by use to you: see our Terms and Conditions of Sale.

Uploading Content to Our Sites

Whenever you make use of a feature that allows you to upload content to our sites, or to make contact with other users of our sites, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.

Any content you upload to our sites will be considered non-confidential and non-proprietary, and (subject to our Privacy Policy) we have the right to use, copy, distribute and disclose any such content for any purpose and including to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our sites constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our sites and you agree not to take any action against us based on or in any way related to content you or another poster to our sites has uploaded or otherwise made available.

We have the right to remove any posting you make on our sites if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on our sites do not represent our views or values.

Viruses

We do not guarantee that our sites will be secure or free from bugs or viruses. You should therefore use your own virus protection software.

You must not:

• misuse our sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
• attempt to gain unauthorised access to our sites, the server on which our sites are stored or any server, computer or database connected to our sites;
• attack our sites via a denial-of-service attack or a distributed denial-of service attack.

(A breach of any of the above prohibitions may constitute a criminal offence under Part 10.7 of the Criminal Code 1995 (Cth) and under related State and territory legislation. We will report any of the above to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our sites will cease immediately.)

Linking to Our Sites

You may link to our home page, provided you do so in a way that is fair and does not damage our reputation or take advantage of it.

In particular, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our sites other than that set out above, please contact privacyofficer@hachette.com.au.

Third Party Links and Resources In Our Sites

Where our sites contains links to other sites and resources provided by third parties, these links are provided for your information only.  

We have no control over the content of those sites or resources.

Cookies

By registering and/or continuing to use the sites, you agree to us installing cookies. See our Cookie Policy for information on cookies, what they are, which ones we use, and why we use them.

Breach of These Terms

If you use any part of our sites in breach of these Terms, your right to use our sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Applicable Law

These Terms are governed by Australian law and (in particular) the laws of New South Wales. You agree that any dispute relating to the Terms or to material provided on or through the sites will be subject to the exclusive jurisdiction of the courts of New South Wales.

No Waiver

Any failure by us to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Severability

If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Contact Us

To contact us, please email privacyofficer@hachette.com.au.

Thank you for visiting our sites.