Terms of Use | Walker Books Australia

Welcome to the Walker Books Australia and New Zealand website. This website https://www.walkerbooks.com.au/ (“Website”) is owned and operated by Walker Books Australia Pty Limited ABN 67 057 547 396 (referred to as “we”, “our”, “us” or “Walker Books”). The Website is intended for use by Australian and New Zealand residents only.

ACCEPTANCE OF THESE TERMS OF USE

Your use of the Website is subject to these Terms of Use, our Privacy Policy and any other terms, conditions, notice or disclaimers displayed on the Website (collectively referred to as the “Agreement”).

Each time you access or use the Website, you acknowledge that you have read and understood the Agreement as it exists at that time and you are deemed to accept and confirm your agreement to be bound by the Agreement.

WEBSITE CONTENT

All information provided by us on this Website or in respect of any products or services is provided by us as general information and is not in the nature of advice. We reserve the right to update or otherwise change this information at any time.

We do not make any representations, or provide any warranties, that any information we provide is reliable, up-to-date, accurate, complete or suitable for any particular purpose.

You use and rely on any information provided on this Website, or that we otherwise provide in respect of any products or services, at your own risk, and represent and warrant that you shall and have made your own independent enquiries and satisfied yourself in relation to such matters.

PRIVACY

Any personal information you provide to us when using the Website will be handled by us in accordance with our Privacy Policy.

SECURITY OF INFORMATION

Whilst we endeavor to keep your data safe, no data transmitted over the Internet is secure, and we do not warrant, and cannot ensure, the security of your data. You transmit data using the Website entirely at your own risk.

INTELLECTUAL PROPERTY RIGHTS

All copyright, trade marks (whether registered or unregistered) and other intellectual property rights in and to the Website and all content included on the Website (including without limitation text, graphics, logos, icons, video, audio, images (moving and still), image rights and software) is the intellectual property of Walker Books and/or its content suppliers. All such rights are expressly reserved. Users of the Website do not obtain any licence or other interest in that intellectual property. Nothing in this Agreement or on the Website should be construed as providing such a licence or interest, or consent to use any such intellectual property other than as set out in this paragraph. You may view content or print off one copy of any page from the Website for your personal reference and non-commercial use, provided that you must always acknowledge our status (or that of any identified contributors) as the authors or owners of material on the Website and must not modify the content in any way.

TRADE MARKS

“Walker” and the “Bear and candle” logos are registered trademarks that Walker Books is authorised to use. Other images, titles, names, characters and company names mentioned on the Website may be the trade names or registered trade marks of Walker Books or other parties. Any and all such trade names, logos and trade marks may not be used without our prior written consent or that of the respective owner or in any manner that is likely to cause confusion for customers or that disparages or discredits Walker Books or the respective owner.

USE LIMITATION

You must not use, modify, copy, distribute, transmit, communicate to the public, display, perform, reproduce, publish, licence, create derivative works from, transfer or sell any images (including without limitation, images of book covers), graphics, files, software, information, content or services obtained from the Website without our prior express written permission. You may not frame any content from the Website with advertising, promotional material, information or other content without our prior written consent.

NO UNLAWFUL OR PROHIBITED USE

You warrant to Walker Books that you will not use the Website for any purpose that is unlawful or that is prohibited by this Agreement. It is a condition of using the Website that you will not violate or attempt to violate the security or integrity of the Website, including, without limitation, accessing data not intended for users of the Website; attempting to probe, scan or test the vulnerability of the Website for security breaches; attempting to interfere with service to users of the Website (including, without limitation, submitting a virus or corrupted data to the Website, overloading the Website or carrying out any form of denial of service attack, or continuously posting repetitive material on the Website); attempting to decompile, disassemble or otherwise reverse engineer the content or software comprising or making up any part of the Website; data scraping the Website either manually or by use of a web spider, web robot or any other web crawling or other technology; and sending unsolicited advertising or other communications to users of the Website. You must also not permit or enable any person to do any of these things listed above.

You indemnify us and our related entities and each of their directors, officers, employees and agents against any actions, claims, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and disbursements and costs in investigation, litigation, settlement, judgment, interest, fines and penalties) which any of them incur directly or indirectly arising from your use of the Website or any breach of this Agreement by you.

DISCLAIMER AND LIABILITY

Walker Books uses reasonable efforts to include accurate and up-to-date information on the Website. However, to the fullest extent possible and subject to any liabilities and obligations which cannot be excluded by law, Walker Books does not:

guarantee the accuracy, completeness, or correct sequencing of the content of the Website;
guarantee that the content of the Website is up to date;
make any representation regarding the suitability for any purpose of the information contained in the Website;
guarantee that the Website or its content is free of errors or omissions;
endorse and assumes no responsibility for the accuracy or content of material created by any third party (including, without limitation, any reader suggestions, comments or reviews) that appears on the Website;
warrant or represent that material downloaded and/or accessed via or from the Website will be free of viruses or other similar contaminants and you should operate the most up-to-date virus protection software at all times; or
warrant that your access to the Website or any part of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses, bugs or malicious code or other forms of interference that may damage your system.

The Website content is provided on an ‘as is’ basis and on the condition that you are responsible for assessing the accuracy and completeness of that content and you rely on any such content at your own risk.

To the extent permitted by law, we:

have no liability in relation to any loss, damage, liability, charges, expenses or costs (including all legal and other professional costs on a full indemnity basis) that you incur arising from or in connection with your use of the Website or linked third party websites (including damage to your software or hardware, corruption of data, loss of data, any error, suspension or discontinuance of the Website or transmissions by any user in contravention of this Agreement); and
exclude all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law from this Agreement.

If you are based in Australia, and a supply under these terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“ACL”), nothing contained in this Agreement excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability which cannot be excluded. However, to the extent that the ACL permits us to limit our liability, our liability will be limited to:

in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

LINKS TO THIRD PARTY SITES

The Website may contain links to third party websites. Walker Books does not endorse such website(s) or their contents, is not responsible for the contents of such websites and makes no representations or warranties regarding the contents, accuracy or functionality of such website(s). Use of such links, the content of such websites or the products and services offered via those websites or third parties is entirely at your own risk and is subject to the terms of those third parties.

NO UNAUTHORISED LINKING

You may not link to or from the Website to another website without our prior specific written consent.

ACCESS RESTRICTION

Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service without notice.

You are responsible for ensuring that all persons accessing the Website through your internet connection are aware of the terms of this Agreement and comply with them.

Walker Books, in its sole discretion, reserves the right to deny any user access to the Website either in part or as a whole without notice.

MODIFICATION TO THE WEBSITE AND THESE TERMS AND CONDITIONS

The Website and its content are likely to change from time to time without notice and Walker Books makes no representations or warranties as to the length of time that material may remain accessible on the Website.

Walker Books reserves the right to make changes to the terms of the Agreement at any time and without notice. You are bound by such revisions once they have been placed on the Website and you use or continue to use the Website. If you do not accept any such changes, you should stop using the Website. You should periodically visit this page to review the current terms of the Agreement.

APPLICABLE LAW AND ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and Walker Books and will be governed by the laws of New South Wales, Australia. If any provision of this Agreement is found to be invalid or unenforceable in a court of law, it shall be severed and will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted are reserved.

You agree to submit to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

STATUTORY EDUCATION LICENCE

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 our express permission in writing. All inquiries should be made to the copyright owner at Walker Books Australia.

The Copyright Act 1968 (Cth) in Australia 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.

These Terms of Use were last updated on 29/03/2022.