This website is operated and owned by Thames & Hudson Australia Pty Ltd (T&H) of 11 Central Boulevard, Port Melbourne, VIC, 3207. ABN: 72 004 751 964, T +61 (0)3 9646 7788.
This section sets out the terms and conditions of use for this website. References to ‘we’, ‘our’ and ‘us’ and T&H are to T&H; references to ‘you’ or ‘your’ are to the person using the website.
The terms governing the sale and purchase of books and other products offered for sale on this website are set out in Our Terms & Conditions of Sale, Our Shipping & Delivery Terms and Our Returns & Cancellation Policy. Our policy relating to privacy and data protection is set out in Our Privacy Policy. Our policy relating to the use of cookies on this website is set out in Our Cookies Policy.
By using this website you acknowledge that you have read, understood and agree to be bound by these Terms & Conditions of Use. We may update or amend these terms as well as our Terms & Conditions of Sale, Privacy Policy and Cookies Policy at any time. All such changes will be effective when posted on this website and you will be bound by such updated or amended terms when you next visit this website. If you do not agree to any of our policies or terms you should not use this website.
If you have any queries about this website, Our Terms & Conditions of Use, Our Terms & Conditions of Sale, Our Shipping & Delivery Terms, Our Returns Policy, Our Privacy Policy or Our Cookies Policy please contact us at: enquiries@thameshudson.com.au.
USE OF WEBSITE
1.1 You may use this website for information on books and other products published and co-published by T&H, and published by other publishers sold and distributed by T&H (‘third-party publishers’), to purchase such books and products, to post or upload User-Generated Content (as described in clause 3 below.
1.2 You agree that you are accessing this website solely for your own personal, non-commercial use and, unless specifically permitted by us, you will not copy, download, store in any media, transmit, adapt or change in any way any pages or content contained on this website with the exception of transient and incidental copies made in order for you to view pages of this website on screen.
1.3 This website may be used by the book trade for information purposes, but sales from this website are made only to individual members of the public for private use only. For trade sales in Australia, please see the How to Order page.
1.4 We take all reasonable steps to ensure that this website is available 24 hours a day, 365 days a year. However, all websites sometimes encounter downtime due to server or other technical issues. In such circumstances, we will endeavour to resume service just as soon as technically possible. However, we shall not be liable if this website is unavailable at any time or for any period.
RIGHTS
2.1 In using this website you acknowledge and accept that all rights in this website and all content contained on it including but not limited to text, photographs, art works, graphics, video and audio material as well as rights in all books and products listed on its pages (such rights to include copyright, trademark rights, design rights and rights of privacy) are owned by T&H or our third party publishers or have been licensed by us.
2.2 THAMES & HUDSON and the double dolphin logo, as set out above, are our registered trademarks. You are not permitted to reproduce or use these trademarks for any purpose.
2.3 The publisher names and logos, brand names, product names and book titles reproduced on this website are the trade names and, in some instances, the trademarks of their respective owners. No permission is given in respect of use of any such trade names or trademarks and any unauthorised use may constitute an infringement of the owner’s rights and be actionable.
2.4 As well as T&H originated books and products, this website also contains information and content on books and products published by T&H in collaboration with other organisations and published by T&H’s third-party publishers and all terms set out herein relating to T&H books and products apply equally to such books and products.
USER-GENERATED CONTENT
3.1 In certain circumstances we may allow you to post user-generated content (‘User-Generated Content’) on this website.
3.2 In submitting User-Generated Content to us you agree to the following terms (‘Terms of Use’):
(a) The inclusion on this website of any User-Generated Content you submit or post is at our sole discretion. We reserve the right to amend it, to refuse to include it on this website or to take it down at any time. Any User-Generated Content you submit or post must be relevant to the content and context in respect of which it is submitted and you must have obtained any necessary third-party consents prior to its submission or posting;
(b) You warrant that any User-Generated Content you submit or post shall not be an infringement of any copyright, trademark, design right, right of privacy or any other intellectual property or personal right; that such material is your own original work and that you own copyright and all other relevant rights in it; that such User-Generated Content is not obscene, pornographic, blasphemous, offensive, defamatory, discriminatory or a misuse of private or confidential information and that it does not constitute hate speech or be liable to incite hatred against an identifiable group or is otherwise illegal; that you will not submit or post personal information about another person, impersonate another person or make attempts to solicit personal information from any other users of this website;
(c) You further warrant that you will not post pirated computer programmes or links to them, provide information to circumvent manufacture-installed copy-protect devices or provide pirated material in any media or links to such material; and
(d) You acknowledge and accept that any breach of the foregoing warranties may cause T&H damage or loss and you therefore hereby indemnify us in full against such damage or loss including legal costs and any indirect and consequential loss that we may incur as a result of User-Generated Content you post or submit and we include on this website in good faith.
3.3 We reserve the right to take appropriate action against any user who, in our opinion, is in breach of our Terms of Use such action including removing infringing User-Generated Content from this website, blocking your access to this website and reporting your details to the applicable law enforcement agencies.
3.4 Subject to the foregoing provisions, and unless you specifically advise us to the contrary, we are free to copy, publish, disclose, distribute and otherwise use your User-Generated Content for any purpose and you hereby grant us a non-exclusive licence to do so for the legal period of copyright.
3.5 In the event you believe that User-Generated Content has been published or posted on this website that does not comply with our Terms of Use please notify us at enquiries@thameshudson.com.au including details of why you think that the User-Generated Content is so non-compliant.
GENERAL INDEMNITY
4.1 Notwithstanding the warranties and indemnities set out in clause 3 above, as a user of this website you additionally agree to defend, indemnify and hold T&H and our third-party publishers harmless from any and all liabilities, costs and expenses, including legal fees related to any infringement or breach by you of any of these Terms & Conditions of Use or by any authorised user of the device you use to access this website.
4.2 You agree to provide us with a valid postal address for service in the event it is necessitated to issue proceedings against you.
COMPETITIONS AND PRIZE DRAWS
5.1 From time to time we may offer competitions, prize draws or other promotions on this website. Such promotions will be governed by additional terms and conditions including eligibility requirements which will be posted on this website alongside the applicable promotion.
5.2 It is your responsibility to read and comply with such additional terms and conditions to determine whether your participation, registration or entry is valid and in accordance with the requirements we set.
LINKS TO AND FROM OTHER WEBSITES
6.1 This website may contain links to other websites that are not operated by us. We have no control over such websites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of such websites are subject to the terms of use governing each site.
6.2 You may provide a link from your own website to this website, but strictly on the basis that you do not replicate any page of this website on your own website and do not either expressly or by implication indicate that T&H is endorsing your or any third party’s goods or services unless this has expressly been agreed with us, in writing, in advance. We reserve the right to refuse any such endorsement at our sole discretion.
6.3 You hereby agree to indemnify us in full against any damage or loss including legal costs and indirect and consequential loss that we may incur as a result of you providing a link from your website to this website. We reserve the right to ask you to remove the link from your website at our sole discretion. Such decision shall be final.
LIABILITY
7.1 This website is provided by us on an ‘as is’ basis and we make no representations or warranties, express or implied, about the website or any books, products or other content or information we post on it.
7.2 Except to the extent provided by the governing law, we disclaim all warranties, express or implied, including implied warranties of satisfactory quality and fitness for a particular purpose.
7.3 We specifically exclude, to the fullest extent permitted by law, all liability in contract and tort (including negligence), strict liability, or otherwise for any direct, indirect, incidental, special and consequential damage, loss and expenses, profits, loss of goodwill or reputation, loss of business and/or lost data arising out of or in any way connected with the use of this website and/or any books, products, information, content or services obtained through them.
7.4 In addition to the exclusions set out in clauses 7.1 to 7.3, we do not accept liability for any loss or damage as a direct or indirect result of the occurrence of an event of force majeure including but not limited to: acts of God, fire, flood, storm and other adverse weather conditions, civil disturbance, explosion, power failure or reduction of power supplies, orders of governments or regulatory bodies, lack or shortage of materials, breakdown, suspension or unavailability of transport, public or private telecommunication networks or strikes, lock-outs and other labour disputes.
7.5 We endeavour to ensure that all information on this website is correct and accurate, but do not accept any liability for errors or omissions, nor do we warrant that use of this website will be uninterrupted.
7.6 We are not responsible for nor do we accept liability for any material posted on this website other than by us. Any opinions, advice, statements, offers or other information expressed or made available by users or third parties remain those of such users or third parties. We neither endorse nor are we responsible for the accuracy or reliability of any User-Generated Content.
7.7 Notwithstanding the foregoing provisions of clauses 7.1 – 7.3, nothing in these Terms & Conditions of Use excludes or limits our liability for death or personal injury caused by our negligence to the extent such liability cannot be excluded by the governing law.
7.8 All disclaimers and other provisions relating to liability set out in this clause 7 apply equally to all our co-publishing partners and our third-party publishers.
SITE SECURITY
8.1 While we make all reasonable efforts to exclude viruses, worms, Trojans and other malicious or destructive computer code from this website and its contents, we cannot guarantee such exclusion and you are advised to make sure your anti-virus and malware programmes are up to date.
8.2 We give no assurance (whether express or implied), assume no obligation and accept no liability in relation to site security. You are recommended to take all appropriate safeguards before using this website.
GOVERNING LAW AND JURISDICTION
9.1 Although this website may be accessed from anywhere in the world, your use of it, these Terms & Conditions of Use, our Privacy Policy and Cookies Policy as well as our Terms & Conditions of Sale are all governed by the laws of Australia.
9.2 Except to the extent provided by applicable law, the Australian courts shall have exclusive jurisdiction over any dispute arising out of your use of this website, these Terms & Conditions of Use, our Privacy Policy, our Cookies Policy and/or our Terms & Conditions of Sale save that we may take action in any jurisdiction to protect our intellectual property or other rights or to recover damages or other sums due to us.
9.3 Notwithstanding the provisions of clause 9.2, where appropriate and at our sole discretion, we may seek to resolve any dispute by mediation or other alternative dispute resolution before issuing proceedings.
GENERAL
10.1 In the event that any part of these Terms & Conditions of Use, our Privacy Policy, our Cookies Policy and/or our Terms & Conditions of Sale is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
10.2 Our failure to exercise or enforce any right or any provision of these Terms & Conditions of Use shall not constitute a waiver of such right or provision unless specifically agreed to by us in writing.
Our Terms & Conditions of Use were last updated on 9th July 2018.
