Terms and Conditions
Please carefully read these terms and conditions before using the Elsevier Website. By using the Elsevier Website you indicate your agreement to these terms and conditions. Use of the Elsevier Website is conditional upon your agreeing to be bound by these terms and conditions.
1. Definitions
Conditions of Sale means the Elsevier Conditions of Sale, a copy of which can be found at www.elsevierhealth.com.au. Elsevier means Elsevier Australia (a division of Reed International Books Australia Pty Ltd). Elsevier Australia Information means the software, text, graphics, design elements, audio, music and all other materials used by Elsevier on the Elsevier Website.
Elsevier Website means the website, which is either:
(i) the website operated by Elsevier under the domain name www.elsevier.com.au or
(ii) the website operated by Elsevier under the domain name www.elsevierhealth.com.au, and includes all or any applications contained on that website.
Other Sites means any sites accessible through links made at the Elsevier Website.
2. Accuracy of information you submit
You agree that the information you provide to Elsevier, including all information you provide as part of any registration process, is accurate and is not misleading. You indemnify Elsevier for any loss or damage, including costs and expenses, arising from or in connection with false or misleading information that you have provided to Elsevier.
3. Use of and access to the Elsevier Website
You agree that you will use the Elsevier Website in accordance with this agreement and that you will not re-sell services from the Elsevier Website unless specifically authorised by Elsevier. Further you will not use the site for any unlawful purpose and will not violate or attempt to violate the security of the Elsevier Website.
You are responsible for maintaining the secrecy and confidentiality of all identification and log-in information (including any login or password) required for you to access the Elsevier Website or any part of it. You agree to notify Elsevier immediately if any of that information has been or is suspected to have been compromised by loss, theft, manipulation or any other means. You agree not to disclose to any other person, corporation, entity or organisation any identification or log-in information, whether in use or not, relating to the Elsevier Website.
4. Copyright and Proprietary Rights
The Elsevier Website is the property of Elsevier and its licensors and is protected by copyright. All copyright, trademark, and other proprietary rights in the Elsevier Website and in the Elsevier Australia Information are the property of Elsevier or its licensors. You acknowledge and agree that you shall not acquire and rights, title or interest in any intellectual property rights belonging to our licensors or us. You may not reproduce, upload, post, transmit, download, distribute or communicate to the public any part of the Elsevier Australia Information or information accessed at Other Sites. You may print out or download portions of the text and images from the Elsevier Website for your own personal, non-commercial use. This permission does not allow you to incorporate material, or any part of it, in any work or publication, whether in hard copy, electronic or any other form. You may not modify the Elsevier Website or any material residing on it. You acknowledge that Elsevier is entitled to require you to remove any link from another website to the Elsevier Website which you install without Elsevier's prior written consent. Use of information or material on Other Sites is subject to the terms and conditions and conditions of sale of those sites.
You shall observe the terms and conditions governing use of Other Sites. You may not use the Elsevier Website or Other Sites in any manner that infringes the rights of any person or entity. No affiliation with, endorsement of, or sponsorship by Elsevier of Other Sites should be inferred.
5. Responsibility for Content
Elsevier does not screen, edit or review material submitted by third parties for inclusion on the Elsevier Website. You acknowledge that Elsevier accepts no responsibility or liability for any material, which may reside in or is accessed by the Elsevier Website other than Elsevier Australia Information. Elsevier has no responsibility with respect to Other Sites and a link to Other Sites does not imply any endorsement of the Other Sites by Elsevier. You link to Other Sites entirely at your own risk.
6. Objectionable Content
You may not link, upload, post or transmit to the Elsevier Website any material that creates a liability or infringes another person's rights to the Elsevier Website or which Elsevier considers illegal, unlawful, obscene, offensive, threatening, abusive, defamatory, vulgar, pornographic, profane, indecent or otherwise objectionable. To the extent permitted by law you agree to indemnify Elsevier from any damage, loss, cost or expense which may be suffered or incurred by Elsevier (including legal costs) as a result of the material you link, upload, post, or transmit to the Elsevier Website or in relation to any other breach by you of these terms and conditions. Elsevier has no duty to review or edit materials submitted by users. Elsevier may remove any such materials at any time for any reason and without any liability to you.
7. Termination
Elsevier reserves the right to terminate the registration of any user at any time or cease providing services in its absolute discretion.
8. Exclusions of Warranties
Under Division 2 Part V of the Trade Practices Act, 1974 (TPA) and Division 4 of the Fair Trading Act (NSW) 1987 (FTA), certain warranties and conditions (Implied Terms) are implied into contracts for the supply of services if the services are of a kind ordinarily acquired for personal, domestic or household use or consumption (PDH Services).
If the services supplied under these terms and conditions are PDH Services, the operation of the Implied Terms cannot be, and are not in this contract, excluded or limited.
If the services supplied under these terms and conditions are not PDH Services, Elsevier limits its liability for breach of any Implied Term (other than a condition or warranty implied by section 69 of the TPA, 1974) to (at Elsevier's option) re-supplying the services or the cost of having the services re-supplied.
Except for the Implied Terms Elsevier excludes all warranties and conditions implied by statute, at law, in fact or otherwise. Elsevier makes no warranties of any kind with respect to the Elsevier Website, Elsevier Australia Information, or Other Sites. Elsevier does not warrant that the Elsevier Website or information and material contained on it will meet your requirements, will be accurate, will be available 24 hours a day, will be secure, will be uninterrupted or error free, or that it will not contain viruses or harmful code.
9. Submissions
All concepts, ideas, comments, manuscripts, illustrations, and all other materials disclosed or offered to Elsevier on or in connection with the Elsevier Website are submitted without any restrictions or expectation of confidentiality. Elsevier shall have no financial or other obligations to you when you submit such information, nor shall you assert any proprietary or moral right of any kind with respect to such submissions. You consent to all relevant acts or omissions in relation to any moral rights in information you submit to the Elsevier Website which may or might otherwise constitute a breach or infringement of those moral rights and to the extent permitted by law, you waive all of your moral rights in any such information. Elsevier shall have the right to use, publish, reproduce, transmit, download, upload, post, display or otherwise distribute your submissions in any manner without notice or compensation to you.
10. Export Controls
You warrant that your use of the Elsevier Website will comply with all applicable laws, rules and regulations that govern the export of technical data.
11. Choice of Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of New South Wales and each party irrevocably submits to the non-exclusive jurisdiction of the Courts of that State. In the event that any provision of these terms and conditions is found to be invalid, voidable or unenforceable under New South Wales law, this will not affect the remainder of the terms and conditions.
12. Limitation of Liability and Indemnity
To the maximum extent permitted by law, Elsevier Australia or its employees, agents, licensors or contractors exclude all liability for loss or damage suffered by you, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages or loss of profits) in connection with:
(i) your use of the Elsevier Website including, but not limited to, data loss or corruption; or
(ii) any interruption, suspension or termination of the Elsevier Website for whatever reason.
This exclusion applies whether the claim is in contract, tort (including, without limitation, negligence) or equity and even if Elsevier has been notified of the possibility of such loss or damage. You agree that Elsevier's liability will be reduced by the extent, if any, to which you contributed to the loss.
You agree to indemnify and hold Elsevier harmless against any and all loss, costs, expenses, demands, actions, proceedings or liability incurred or suffered by Elsevier as a result of a breach by you of these Terms and Conditions or any wilful, unlawful or negligent act or omission by you.
13. Limitation of Claims
You acknowledge that you must bring any action on any claim against Elsevier Australia within one (1) year following the date the claim first accrued, or to the extent permitted by law, your right to do so shall be deemed waived.
14. Terms and Conditions subject to change
Elsevier Australia reserves the right to amend the terms and conditions at any time in its sole discretion. Posting an updated version on the Elsevier Website will amend the terms and conditions. It is your responsibility to check for any such amendment each time you use the Elsevier Website. If you object to any changes you may discontinue your use of the services. The amended terms and conditions will be effective immediately. Any subsequent use by you of the Elsevier Website will constitute you acceptance of the amendments.
15. Conditions of Sale
You agree that any online purchase you make from Elsevier by means of the Elsevier Website will be governed by the Conditions of Sale.
16. Entire Agreement
This is the entire agreement between the parties and may not be modified except in writing signed by both parties.
17. Pricing and Availability
All prices quoted may be subject to change without prior notice. GST in Australia is applicable to all book products. In New Zealand any tax charged is at your local rate.
18. Events outside our control
You acknowledge that Elsevier Australia will not be in breach of obligations under these terms and conditions to the extent that any failure or delay in performing its obligations occurs because of an event or circumstance which is outside Elsevier's reasonable control including without limitation, any act of God, war and other hostilities, fire, flood, strikes, lockouts, delays in transport, breakdowns in equipment, or restrictions or prohibitions or any other acts by any government or semi-government authority.
19. Advertising
The Elsevier Website also contains third party advertisements (including banner ads) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. You acknowledge that all third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and do not constitute recommendations or endorsements by Elsevier Australia. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
In some instances, the advertisement will contain representations or offers by third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by Elsevier, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
20. Privacy Policy
The Elsevier Privacy Policy forms part of these terms and conditions, and by agreeing to the term and conditions, you agree that you have read and agreed to the Privacy Policy (a copy of which can be found at www.elsevierhealth.com.au). You agree that any personal information provided to Elsevier will be dealt with in accordance with that policy.
