Last Revised 24th February 2010
Protecting your privacy is important to Hordern House Rare Books Pty Limited ABN 94 193 459 772 (Hordern House). The following terms and conditions (Policy) explain how Hordern House collects, uses, and discloses the personal information you may provide while using the website located at http://www.hordern.com (Website) and the services provided through any of the Website.
It is always your choice whether or not to provide personal information through the Website. Any personal information you provide will be treated with care and, subject to this Policy and law, will not be used or disclosed in ways to which you have not consented.
1. YOUR CONSENT
By using a Website or submitting information to Hordern House through or in connection with a Website, you signify your consent to Hordern House's collection, use, and disclosure of your personal information in accordance with the Policy. If you do not agree with the Policy, you may not use any of the Website or submit information to Hordern House through or in connection with a Website.
2. INFORMATION AUTOMATICALLY COLLECTED
(a) Non-Personal Information - As is typical with many other Internet website, the Website automatically collect certain non-personal information regarding Website users, such as the date and time you access the Website, the Internet address of the Website from which you linked to the Website, the operating system you are using, the Website pages read and images viewed, and any content you post to or download from the Website. This non-personal information is used for Website and system administration purposes and to improve the Website. Non-personal information may be disclosed to others and permanently archived for future use.
(b) Cookies - The Website use "cookies", a technology that stores a small amount of information on a Website user's computer to permit the Website to recognise future visits using that computer. Cookies enhance the convenience and use of the Website. For example, the information provided through cookies is used to recognise you as a previous user of the Website (so you do not have to enter your personal information every time), offer personalised web page content and information for your use and otherwise facilitate your Website experience. Hordern House may engage third parties to provide cookies that collect information regarding Website use. You may choose to decline cookies generally if your browser permits, but doing so may affect your use of the Website and your ability to access certain features of the Website.
3. PERSONAL INFORMATION YOU SPECIFICALLY PROVIDE
(a) Your Personal Information - During your use of the Website, including your registration as an Hordern House customer, you may be asked to voluntarily provide personal information (such as your personal name, e-mail address, postal address, telephone number, and credit card information) for purposes such as facilitating communications with you or facilitating your use of the Website. If you choose not to provide certain requested personal information, you will not be able to register as an Hordern House customer or use certain features of the Website.
(b) Use of Your Personal Information - Hordern House may use your personal information to contact and correspond with you, respond to your communications, provide services to you, facilitate and enhance your use of the Website, facilitate transactions through the Website, and as otherwise permitted by law. Hordern House may develop a confidential profile for you, which will be used to provide services to you and facilitate your use of the Website. Additionally, Hordern House may keep a record of all communications with you.
(c) E-mails from Hordern House - If you register as a Hordern House customer, then Hordern House may send to you, from time to time, e-mail or other communications containing information about Hordern House and the Website and other matters Hordern House believes will interest you. At any time you may ask Hordern House to stop sending you e-mail and other information by sending your request by e-mail to firstname.lastname@example.org. Also, each e-mail Hordern House sends to you will tell you how to decline further unsolicited e-mail. From time to time Hordern House may also send to you e-mail containing important information regarding the Website, which you may not opt out of receiving.
4. DISCLOSURE OF YOUR PERSONAL INFORMATION
Hordern House may disclose your personal information in the following circumstances and as otherwise permitted by applicable law:
(a) Disclosure to Authorising Persons - If you use the Website on behalf of another person or organisation (such as your employer), Hordern House may provide your personal information to that authorising person/organisation. Hordern House has no control over the use of your personal information by the authorising person/organisation, and that use is not subject to the Policy. If you do not wish your personal information to be disclosed to the person/organisation on whose behalf you use the Website, you may not use the Website.
(b) Disclosure to Affiliates, Booksellers, Suppliers and Service Providers - Hordern House may provide your personal information to its affiliated businesses, such as Hordern-House.com, or other suppliers and service providers for use in connection with the operation of the Website. For example, your credit card provider and the shipping company in order to facilitate the purchase of books through the Website. Hordern House may also disclose certain of your personal information to service providers that analyse Website use. Hordern House Rare Books requires its affiliated businesses, booksellers, suppliers and service providers to agree to use your personal information only for the purposes for which it is provided to them, and to protect the privacy of your personal information in a manner that is consistent with the Policy. If you do not wish your personal information to be disclosed to Hordern House' affiliated businesses, booksellers, suppliers and service providers, you may not register as an Hordern House customer or order books through the Website.
(c) Disclosure in Business Transfers - Hordern House may be involved in the sale or transfer of some or all of its business. As part of that sale or transfer, Hordern House may disclose your personal information to the acquiring organisation, but will require the acquiring organisation to agree to protect the privacy of your personal information in a manner that is consistent with this Policy. Hordern House has no liability for the acquiring organisation's use and disclosure of your personal information. If at any time you do not wish Hordern House to disclose your personal information as part of the sale or transfer of some or all of its business, please send your request by e-mail to email@example.com.
(d) Law Enforcement and Legal Disclosure - Hordern House may disclose your personal information to a government institution that has asserted its lawful authority to obtain the information or where Hordern House has reasonable grounds to believe the information could be useful in the investigation of unlawful activity, or to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with court rules regarding the production of records and information, or to its legal counsel. Hordern House has no control over, or liability for, those persons' use and disclosure of your personal information, and that use and disclosure is not subject to this Policy.
5. DEPERSONALISED INFORMATION
Hordern House may use personal information to create non-personal information regarding the use of the Website and related services. Hordern House may then disclose that non-personal information to other persons and permanently archive that non-personal information for future use.
6. BUSINESS CONTACT INFORMATION
To the extent permitted by law, the provisions of the Policy concerning "personal information" do not apply to information (such as your personal name, position or title, business address, business telephone number, business fax number and business e-mail address) which enable you to be contacted at a place of business.
7. LOCATION OF INFORMATION
Hordern House will store and process your personal information in Sydney, New South Wales, Australia.
8. SECURING YOUR INFORMATION
To help protect the confidentiality of your personal information, Hordern House employs reasonable security safeguards appropriate to the sensitivity of the information. Nevertheless, security risks cannot be eliminated and Hordern House cannot guarantee that your personal information will not be used or disclosed in ways not otherwise described in this Policy.
9. ACCESSING YOUR PERSONAL INFORMATION
You may request access to your personal information and information about Hordern House' collection, use and disclosure of that information by sending your request by e-mail to firstname.lastname@example.org. Subject to certain exceptions prescribed by law, you will be given reasonable access to your personal information within a reasonable time, and will be entitled to challenge the accuracy and completeness of the information and to have it amended as appropriate. Hordern House attempts to keep its records as accurate and complete as possible. You can help us maintain the accuracy of your information by notifying us of any changes to your personal information.
10. OTHER WEBSITES
The Website may contain links to other web sites or Internet resources, including web sites operated by other booksellers. When you click on one of those links you are contacting another web site. Hordern House has no responsibility or liability for or control over those other web sites or their collection, use and disclosure of your personal information.
11. CUSTOMER AGREEMENT
The Hordern House Customer Use Agreement [INSERT HYPERLINK] contains important provisions, including provisions disclaiming, limiting or excluding Hordern House' liability for your use of the Website and provisions determining the applicable law and exclusive jurisdiction for the resolution of any disputes regarding the Website. Each of those provisions applies to any disputes that may arise in relation to the Policy or Hordern House' collection, use and disclosure of your personal information, and are of the same force and effect as if they had been reproduced directly in the Policy.
12. FORMER USERS
If you stop using the Website or your permission to use the Website is terminated, Hordern House may continue to use and disclose your personal information in accordance with the Policy as amended from time to time. However, if you want Hordern House to stop sending you unsolicited e-mail and other information, please send your request by e-mail to email@example.com
13. POLICY CHANGES
To accommodate changes in the Website, changing technology, and legal developments, the Policy may be changed from time to time in Hordern House's discretion and without any prior notice or liability to you or any other person. New versions of the Policy will be posted here. Hordern House's collection, use and disclosure of your personal information will be governed by the version of the Policy in effect at that time. Your continued dealings with Hordern House or your use of the Website subsequent to any changes to the Policy will signify your consent to the collection, use and disclosure of your personal information in accordance with the changed Policy. Accordingly, when you use the Website you should check the date of the Policy and review any changes since the last version. You should also bookmark this page and periodically review the Policy to ensure that you are familiar with the most current version.
14. YOUR COMMENTS
If you have any comments or questions about the Policy or your personal information, please send your comments by e-mail to firstname.lastname@example.org or to:
HORDERN HOUSE WEBSITE TERMS AND CONDITIONS
Last Revised 24th February 2010
These website terms and conditions (Terms and Conditions) govern your use of the Hordern House website located at http://www.hordern.com and all associated websites including hordernhouse.com, hordern-house.com, voyagesanddiscovery.com, historyofexploration.com, flindersvoyages.com, voyagehistory.com, captaincookvoyages.com and literatureofdiscovery.com (together, the Website) operated by Hordern House Rare Books Pty Limited ABN 94 193 459 772 (Hordern House).
By your conduct in making use of and browsing the Website, you acknowledge, signify and confirm that you have read, understood, and agree to be bound by the terms and conditions. If you do not accept and agree to the terms and conditions, then you must not use the website.
1. ABOUT THESE TERMS AND CONDITIONS
In these Terms and Conditions "we" and "us" mean Hordern House and "you" means you the customer. These Terms and Conditions together with the Hordern House Customer Use Agreement constitute the entire contract between Hordern House and you for the supply of products.
2. CHANGES TO THE TERMS AND CONDITIONS
Hordern House may, in its discretion, change, supplement or amend the Terms and Conditions as they relate to your future use of the Website from time to time, for any reason, and without any prior notice or liability to you or any other person, by posting the modified Terms and Conditions on the Website. You may not change, supplement, or amend the Terms and Conditions in any manner. Each time you use the Website, you acknowledge and signify that you have read, understood, and agreed to be bound by the Terms and Conditions as they then read.
3. THE HORDERN HOUSE CUSTOMER USE AGREEMENT
The Terms and Conditions supplement the Hordern House Customer Use Agreement here, which applies to registered Hordern House users. In the event of any discrepancy between the Terms and Conditions and the Hordern House Customer Use Agreement, the latter will prevail.
4. PERMISSION TO USE THE WEBSITE
The Website may be accessed and used only by individuals who are able to enter into legally binding and enforceable contracts and you warrant that you are able to do so. Users of the Website must comply with all applicable laws. The Website may not be used by persons in jurisdictions where access to or use of the Website or any part of them may be considered offensive, illegal or prohibited. If you breach any provision of these Terms and Conditions, Hordern House may in its absolute discretion refuse to give you permission to access and use the Website.
This Website is made available to you for your lawful, personal, non-commercial use only. You may access and browse the Website only using commercially available, SSL-capable Web browser software. You may print or download the pages of the Website for your personal, non-commercial use, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and their content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of Hordern House. You may not reproduce, copy, duplicate, sell, or resell any part of the Website or access to the Website.
While utilising the Website, you may not:
(a) use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Hordern House reserves its right to bar individuals thought to be conducting such activity.
(b) attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Hordern House server, or to any other services offered on or through the Website by hacking or any other illegitimate or illegal means.
(c) scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
(d) trace or seek to trace any information of any user or customer of Hordern House, including any Hordern House account not owned by you to its source.
(e) exploit the Website or any service or information made available or offered by or through the Website in any way where the purpose is to reveal any information, including but not limited to personal identification or information, as provided for by the Website.
(f) use the Website or any content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of Hordern House or others.
(g) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Hordern House on or through the Website or any service offered on or through the Website.
(h) pretend that you are or that you represent, someone else, or impersonate any other individual or entity.
You agree that you will not:
a) take any action that imposes an unreasonably large burden on the infrastructure of the Website or Hordern House's systems or networks, or any systems or networks connected to the Website or to Hordern House.
b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
The Website is provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied conditions, warranties or representations of merchantability, fitness for a particular purpose, performance, durability, security, availability, or accessibility, all of which are hereby disclaimed by Hordern House to the fullest extent permitted by law.
You are solely responsible for:
(a) obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for you to access and use the Website;
(b) scanning for and preventing the receipt and transmission of viruses, trojan horses, worms or other destructive or disruptive components; and
(c) maintaining a complete and current backup of all of the data contained on your computer system prior to accessing or using the Website.
Regardless of the nature of the claim or the reasons for the loss and damages, Hordern House's liability is limited to foreseeable and direct damages only. Hordern House will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Website by you or any other person.
In no event will Hordern House's total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrong doing by Hordern House or any person for whom Hordern House is responsible, exceed the lesser of AUD $20 or the purchase price of the Item that is the subject of the claim.
The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this Agreement.
6. NO ADVICE
This Website is not intended to be a comprehensive or detailed statement concerning the matters addressed; professional or expert advice or recommendations; or an offer or recommendation to sell or buy any book or other item, product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Website.
Communications sent to Hordern House by means of the Website or email are not considered delivered or effective unless and until they are actually received and processed by Hordern House's responsible representative.
8. WEBSITE CONTENT
Hordern House is not obliged to monitor, screen, police or edit the use of the Website, including postings of materials to the Website, although Hordern House reserves the right to do so in its discretion. Hordern House will respond as it considers appropriate, in its discretion, if it becomes aware of any inappropriate uses of the Website, including without limitation uses that constitute copyright infringement. You may report any claims or concerns (including copyright infringement claims) regarding Website or their content by sending an email to email@example.com.
9. OWNERSHIP OF THE WEBSITE
Copyright © Hordern House Pty Limted All Rights Reserved. The Website and its content (including all information in text, graphical, video and audio forms, images, icons, software, design, applications and other elements available on or through the Website) are the property of Hordern House and others, and are protected by international copyright and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.
10. TRADEMARK INFORMATION
HORDERN HOUSE, HORDERN.COM, HORDERNHOUSE.COM and the HORDERN HOUSE logo, are registered and unregistered trademarks, service marks, and trade names owned or licensed by Hordern House. Other product and company names and logos appearing on the Website may be registered or unregistered trade names, trademarks and service marks of their respective owners. Any use of the trade names, trademarks, service marks and logos (Marks) displayed on the Website, except as expressly provided in these Terms and Conditions, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication or otherwise, any licence or right to use any Marks displayed on the Website.
11. OTHER SITES
The Website may include advertisements for, and links to, other website or resources and businesses operated by other persons, including booksellers (Other Sites). Other Sites are independent from Hordern House, and Hordern House has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. Hordern House does not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against Hordern House arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites.
12. LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
Links to the Website without the express written permission of Hordern House are strictly prohibited. To request permission to link to the Website, please contact the firstname.lastname@example.org. The framing, mirroring, scraping or data-mining of the Website or any of their content in any form and by any method are strictly prohibited.
You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that other users of the Website may view such postings.
13. UNSOLICITED SUBMISSIONS
If you send any unsolicited ideas, suggestions or other materials, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names (Submissions) to Hordern House or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to Hordern House:
(a) a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license;
(b) to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions;
(c) for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person;
(d) without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Hordern House or its assigns; and
(e) you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Hordern House and its assigns.
14. SOFTWARE AGREEMENTS
Hordern House may cause software to be available for you to download from the Website or through other website. The software is protected by copyright. These Terms and Conditions and the software licence agreement specific to the software govern your downloading and use of the software.
You indemnify and hold harmless Hordern House, its employees, contractors and agents and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:
(a) any breach by you of these Terms and Conditions; or
(b) reliance by you on any information obtained through the Website.
17. GOVERNING LAW
These Terms and Conditions and all related matters are governed solely by the laws of New South Wales, Australia and applicable federal laws of Australia, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
18. OTHER MATTERS
For all disputes between Hordern House and you or any other person arising from, connected with or relating to the Website, these Terms and Conditions, transactions facilitated or conducted through the Website, Items ordered or purchased through the Website, dealings between you and Hordern House, or any related matters or any legal relationship associated there with or derived there from (Disputes), the relevant parties will attempt to find a reasonable solution least onerous to the parties.
If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before the Courts of New South Wales sitting in the City of Sydney, New South Wales, Australia, and you irrevocably submit exclusive jurisdiction of those courts in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Sydney, New South Wales, Australia within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred. Any shorter time limit provided by statute law remains unaffected.
If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
No consent or waiver by either party to or of any breach by the other party of these Terms and Conditions will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach of these Terms and Conditions by that party. No consent or waiver will be effective unless in writing and signed by both parties.
You expressly request and require that these Terms and Conditions be drawn up in the English language.
Any rights not expressly granted in these Terms and Conditions are reserved to Hordern House.
These Terms and Conditions are subject to change without notice.