Terms & Conditions
The website https://www.wilkinsonpublishing.com.au (Site) is owned and operated by Wilkinson Publishing Pty Ltd (ACN 006 107 071) of P.O. Box 24135, Melbourne, VIC. 3001. (WP, we, us, our).
Please read carefully and completely the terms and conditions set out below (T&Cs). By continuing to access, placing an order through the Site, or otherwise engaging with this Site you agree to be bound by the T&Cs. Your use of this Site is conditional upon your agreement to, acceptance of and compliance with the T&Cs. If you do not wish to be bound by the T&Cs, you must immediately stop using and accessing this Site.
WP accepts no liability or responsibility to any person as a consequence of any reliance upon the information contained in this Site.
A reference to “WP” includes associated entities and related companies and all officers, staff, employees, contractors and agents of all of them.
Every effort is made to provide information that is accurate. However, materials contained in this Site are subject to change at any time by appropriate action of WP. WP gives no assurance or warranty that information on this Site is current and takes no responsibility for matters arising from changed circumstances or other information or material which may affect the accuracy or currency of information on this Site.
- No Legal or Financial Advice
Information contained on this Site should not be considered legal or financial advice and is not intended to replace consultation with a qualified professional. We recommend that you seek professional advice in relation to your specific circumstances.
4.1. All information, text, material, graphics, software and advertisements on this Site are Copyright © Wilkinson Publishing Pty Ltd or its respective associated companies, suppliers, and/or licensors unless expressly indicated otherwise. The materials are protected by Australian and international copyright laws.
4.2. You must not use the trademarks whether registered or common law, or logos on this Site or other materials for any purpose without the prior written consent of WP.
4.3. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or in any way deal with the material except as expressly provided for on this Site (including the T&Cs), or expressly authorised in writing by the WP.
4.4. You may, subject to specific restrictions set out in these terms and conditions, in relation to the Publications (defined below), download material from this Site solely for your personal, non-commercial use. You must not distribute such material in any form to any third party. You agree not to change or delete any proprietary notices from any material downloaded from this Site.
- Licence of Publications
5.1. WP may make available publications that can be purchased and downloaded from this Site (Publication).
5.2. A purchaser of a Publication may purchase it for themselves, or for another person. The intended recipient of the Publication (Licensee) will be granted a licence under clause 5.3 below.
5.3. When a Publication is purchased from the Site in accordance with the steps of clause6 below, WP grants a perpetual single user licence to the Licensee for their personal use of the Publication. The Licensee is permitted only to store the Publication on one device and print it for their personal reference. The Licensee is prohibited from sharing, sending, communicating or copying, the Publication in any form.
5.4. Without derogating from WP’s rights under clause 5.5, in the event that the Licensee breaches the terms of this agreement, WP may immediately revoke the licence provided to the Licensee in this clause 5 by issuing notice in writing.
5.5. WP reserves its right to take legal action against a Licensee who breaches the terms of this agreement, including a claim for any indirect, incidental, special, exemplary or consequential loss or damage, loss of profits or anticipated profits, damage to property or person, loss of revenue, economic loss, loss of business opportunity or damage to goodwill.
- Orders through the Site
6.1. To place an order with WP you must be over 18 years of age and be the holder of a valid credit card, PayPal or AfterPay account.
6.2. All orders are subject to confirmation of the order price.
6.3. Once you have placed an order, WP accepts and fulfils your order by sending your purchased item(s) along with a tax invoice via email and/or by post or courier service. If you have purchased a Publication for another person, WP will send the tax invoice to you and the publication to the other person. Once you have placed an order and the applicable payment is received by WP, the order cannot be cancelled by you.
6.4. All prices are shown and transactions are processed in Australian Dollars (AUD). For customers located in Australia, prices are inclusive of the Goods and Services Tax (GST). For the supply of goods or services to customers located outside of Australia, prices are exclusive of taxes, duties or charges imposed or levied in Australia or overseas.
6.5. WP reserves the right to change pricing and other information on this Site from time to time without notice to you.
6.6. Refunds will be made when we are obliged to provide them under Australian Consumer Law as set out in clause 13.3. Refunds will not be provided for “change of mind” returns.
- Security Features
You agree to observe and maintain the confidentiality of all security features relating to the use of this Site (including passwords, access arrangements, etc.) as notified. WP will not be liable for any unauthorised breach or disclosure of the security features.
- No Commercial Use
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the information provided by this Site for commercial purposes, including, but not limited to, publishing or selling it or any part of it to any third party.
You agree to only use the Site for lawful purposes.
You agree to indemnify WP for any loss suffered or liability incurred by WP arising from any unlawful, unauthorised or improper access or use of this Site or any breach of these terms and conditions by you or your employees, contractors, representatives or agents.
- No Guarantee of Access
WP does not guarantee constant availability of access to this Site and accepts no liability for down time or access failure due to circumstances beyond its reasonable control (including any failure by an IWP or system provider).
- Linked Sites & No Endorsement
This Site may contain links to third-party websites which are not owned or operated by WP (Linked Sites).
WP is not responsible for the accuracy, legality, decency of material or copyright compliance of any Linked Sites or any goods, services, or information provided via any of the Linked Sites. A reference to any third-party goods or services, Linked Site or other information by trade name, trademark, supplier or referred to by other means does not constitute or imply endorsement, sponsorship or recommendation of that good, service, Linked Site or information by WP.
WP is not responsible for the availability of the Linked Sites. You agree that WP is not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such Linked Sites or the services which are available through any such Linked Sites.
- Security of Information
- Disclaimers & Limitation of Liability
13.1. General Disclaimer
The material contained on this Site, including the material in the Publications, is for general information purposes only. While care has been taken in preparing the material, WP and its employees, related parties, directors, officers, agents, volunteers, contractors and subcontractors will not accept any liability, including for any loss or damage, resulting from the reliance on the materials, or for their accuracy, currency and completeness.
13.2. No Warranties
The information and products provided on this Site is provided on an “as is”, “as available” basis with all faults and without warranties of any kind, express or implied. No oral advice or written information provided shall create a warranty; nor shall members or visitors to this Site rely on any such information or advice. WP reserves the right to make changes in the information contained and material on this Site at any time.
13.3. Australian Consumer Law
Nothing in these T&Cs is to be interpreted as excluding, restricting or modifying, or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable, including the Australian Consumer Law (set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)), to the sale of products which cannot be excluded, restricted or modified.
If those statutory provisions apply, to the extent to which WP is entitled to do so its liability will be limited at its option to:
- in the case of the supply of goods, the replacement of the goods or supply of equivalent goods, the payment of the cost of replacing the goods or acquiring equivalent goods, the payment of the cost of having the goods repaired or the repair of the goods; and
- in the case of services, the supply of the services again or the payment of the cost of having the services performed again.
13.4. Disclaimer of Liability
To the maximum extent permitted by law, you assume all responsibility and risk for the use of this Site and the Internet generally. WP accepts no liability or responsibility to any person as a consequence of any reliance upon the information contained in this Site. Under no circumstances, including negligence, shall WP, its related entities or anyone involved in creating or maintaining this Site be liable for any direct, indirect, incidental, special or consequential damages, or loss profits that result from the use or inability to use this Site and/or any other websites which are linked to this Site. Nor shall they be liable for any such damages including, but not limited to, reliance by a user, member or visitor on any information obtained via this Site; or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or failure of performance, communications failure, theft, destruction or unauthorised access.
13.5. Third Party Content
WP is a distributor and not a publisher of the content supplied by users, members or visitors of this Site and other third parties. Any opinions, advice, statements, services, offers or other information or content made available by users, members, visitors or other third parties are those of the respective author(s) and WP is not responsible for any material posted by third parties. WP expressly disclaims any liability associated with material posted by third parties.
- Variation & Termination
14.1. These terms and conditions shall continue to have full force and effect until varied or terminated by WP. WP reserves the right to terminate this agreement at any time for any reason.
14.2. WP reserves the right to vary these terms and conditions and upload such new terms and conditions to the Site. You will be deemed to have accepted the terms and conditions as amended by your continued use of and/or access to this Site.
15.1. This agreement is governed by the laws of the State of Victoria, Australia. You irrevocably submit to the jurisdiction of the courts of that State.
15.2. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability shall not affect the remainder of the agreement which shall continue to have full force and effect.
15.3. The waiver by WP of a breach of these terms and conditions by you shall not be construed as a waiver of any other breach of these terms and conditions by you and shall not in any way restrict WP’s right to exercise its rights pursuant to this agreement in respect of any other breach of these terms and conditions.