1. About this Agreement
By accessing our Website and/or purchasing a Product, you agree to be bound by these terms and conditions (Agreement).
In this Agreement:
“Australian Consumer Law” means the Competition and Consumer Act 2010 (Cth) as amended from time to time;
“Product” refers to a good or service available for sale on our Website from time to time, including but not limited to the Publications and Subscriptions;
“Publications” means the printed materials available for purchase from the “G&M Bookstore” located on our Website from time to time, including but not limited to books and other print resources but excluding the Subscriptions;
“Subscriptions” means our electronic and/or print subscription services to Board Matters and G&M Clippings as described on our “G&M Subscription Service” page;
“we”, “us” and “our” refer to Governance & Management Pty Ltd ABN 62 081 671 598; and
“Website” refers to the website located at https://www.governance.com.au;
“you” and “your” refer to each customer and user of the Website.
This Agreement applies to use of our Website and the purchase of one or more Product from the Website. If you disagree with any part of this Agreement, you should refrain from accessing or using this Website or purchasing our Products. We may from time to time amend, update or change these terms and conditions of use without prior notice.
2. Contract and Price
(a) All prices are in Australian Dollars and inclusive of GST, unless otherwise indicated.
(b) All payments must be received before a Product is provided to you.
(c) Description of our Products may be subject to change or correction at any time without notice. Although we seek to ensure information is correct, we make no representation or warranty as to information being accurate or complete. If we discover an error, we will try to notify you as soon as possible and allow you to cancel your order and obtain a refund if desired.
(d) By submitting an order to purchase a Product, you warrant that:
(i) you are capable of entering into a legally binding contract with us;
(ii) you are authorised and able to make payment via the method you have chosen;
(iii) the information you have provided is correct; and
(iv) your purchase is not made for the purpose of commercial resale unless permission from us is received.
(e) A contract for purchase is only formed once we have accepted an order by issuing a receipt number.
If you wish to purchase any Product made available through this Website, you may be asked to supply certain information relevant to your purchase including, without limitation, your contact details and credit card details.
4. Delivery and Shipping
(a) Delivery of Publications purchased from our Website will usually take place 5 to 10 working days after acceptance of an order.
(b) Access to Subscriptions you have selected and paid for will be sent at the next following publication date of either Board Matters or G&M Clippings, whichever occurs first.
(c) Sometimes a Product may become temporarily or permanently unavailable. We are not liable for any loss arising from delays in delivery or failure to deliver (although you may request a refund if you do not receive a Product properly ordered).
(d) We do ship to addresses outside Australia.
(e) Any delivery times of a Product ordered made known to you are estimates only and we are not liable for late delivery or non-delivery.
(f) If the Product you have purchased includes a physical delivery component, you agree that we are not responsible to you or any person claiming through you for any loss or damage to a Product in transit caused by any event of any kind or by any person (whether or not we are legally responsible for the actions of that person).
(a) Upon the purchase of a Subscription, subject to any written agreement you have with us to the contrary, you warrant to us that the materials from each Subscription you purchased will only be distributed to a maximum of 15 board members and executive managers of your organisation, unless you have purchased a Subscription at the Group Organisation Rate, in which case, you are is permitted to send the copy onto each of your subsidiary organisations who, in turn, may distribute it to a maximum of 15 board members and executive managers in that particular organisation.
(b) Without prejudice to or restriction of any of our other rights under this Agreement and at law, we may immediately terminate your access to the Subscription you had purchased if we discover you are in breach of clause 5(a), and no refund will be issued to you.
(c) We reserve the right to modify the content, inclusions, type and availability of our digital Subscriptions at any time.
(d) We reserve the right to give free, publicly available access to some Subscription content on our Website from time to time. Users who have bought Subscriptions are not eligible for a refund in respect of such content.
(e) If any or all of the Subscriptions that are available on our Website are temporarily unavailable, you will not automatically be entitled to receive a refund. We reserve the right to issues refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
6. Returns, refunds and Cancellations
(a) No refunds will be issued for an order for a Product due to a change of mind. If in doubt, we recommend you check with us to ensure that a Product that you are interested in purchasing meets your requirements and expectations prior to purchase. You are welcome to email us should you have any queries before purchase.
(b) Pursuant to the Australian Consumer Law, if a Product you purchased:
(i) is not of merchantable quality;
(ii) is not fit for its purpose;
(iii) does not match the sample;
please contact us within 3 business days of receipt and we will arrange, as appropriate and depending on availability, an exchange, credit or refund. We may require return to us of any printed materials we had previously shipped to you as part of the Product with proof of purchase before actioning an exchange, credit or refund request.
(c) Our liability for a breach of a condition or warranty implied by Part 3-2 Division 1 of the Australian Consumer Law is limited to:
(i) the replacement of the Product or the supply of equivalent goods;
(ii) the repair of the Product;
(iii) the payment of the cost of replacing the Product or of acquiring equivalent goods; and
(iv) the payment of the cost of having the Product repaired.
(d) In the event that we are unable to provide you with a Product you have ordered, we will give you notice in writing and refund the balance of funds. Once the refund has been issued, you acknowledge we have no further liability in respect of the cancellation.
7. Conditions of Use
It is a condition of you using this Website or Product that you do not:
(a) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including rights relating to privacy;
(b) falsely represent to others that you or your association is affiliated or associated with us, the Website or any Product;
(c) use, adapt, translate, disassemble, reproduce, sell, resell or otherwise exploit the information made available or published on the Website for commercial purposes without our written consent; or
(d) access or attempt to access information resources you are not authorised to use.
You agree to indemnify, defend and hold us and our employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including legal fees and court costs, that arise directly or indirectly from:
(a) your breach of this Agreement; or
(b) your activities in connection with the Website.
9. No Warranties
You understand and agree that:
(a) the Website and Products are provided on an “AS IS” and “AS AVAILABLE” basis and without warranties of any kind, expressed or implied;
(b) we make no warranty that the Website or a Product will meet your requirements, be uninterrupted, timely, or error-free;
(c) any material downloaded from the Website is done at your own risk and you are solely responsible for any damage to your computer system or loss of data as a result from the download; and
(d) no advice or information obtained by you from or through us or the Website shall create any warranty.
10. Limitation of Liability
We exclude, to the maximum extent permitted by law, any liability which may arise as a result of the use of this Website or the content contained within it. You understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to, damages for loss of profits, goodwill, data or other intangible losses resulting from:
(a) the use or the inability to use the Website;
(b) the unauthorised access to or alterations of your transmissions or data;
(c) activities resulting from the loss or misuse the Website;
(d) statements or conduct of any third party on the Website; or
(e) any other matter relating to the Website or Product.
Where liability cannot be excluded, any liability incurred by us in relation to the use of this Website or the purchase of Products, is limited as provided under the Australian Consumer Law.
In some cases, material on the Website may incorporate or summarise opinions and/or recommendations of third parties. This material has been assembled in good faith, but does not necessarily reflect our considered views or indicate our commitment to any particular course of action.
We are not liable for interference with or damage to your computer system(s) in connection with the use of a Product, Website or a linked website. You must take your own precautions to ensure that whatever you select for use from this Website is free from viruses or anything else that may interfere with or damage the operations of your computer systems.
12. Not advice
The information provided on this Website, Product or any other communication we have with you is not intended to constitute legal, business or other professional advice. It is provided as general information only and is not intended as a substitute for advice from a qualified professional such as a solicitor, accountant or other advisor who is familiar with the facts of your particular circumstances. It is made available on the understanding that we are not thereby engaged in rendering professional or financial advice through any statements made to you, through the Website or otherwise.
Before relying on the information or material on this Website, you should carefully make your own evaluation of its accuracy, currency, completeness and relevance for their own purposes.
You should obtain advice from a qualified legal practitioner and financial advisor before making any legal or financial decisions.
You may not use the Website for any purpose without our consent (unless authorised by us or is permitted under the Copyright Act 1968 (Cth)), including the following:
(a) the reproduction of the material in any material form;
(b) the distribution of the material in any material form;
(c) re-transmission of the material by any medium of communication;
(d) uploading and/or reposting the material to any other site on the internet;
(e) “framing” the material on the Website with other material on any other internet website.
Apart from any use permitted under the Copyright Act 1968, all other rights are reserved. If you wish to publish or reproduce any materials for commercial, educational or other uses are requested to contact us for further information.
We own, or are entitled under licence, to all rights, title and interests (including present and future copyright) in the Website. All material including domain names, company and business names, text, graphics, images, photographs, designs, illustrations, diagrams, logos, buttons, icons, software, and all Products described on the Website are owned exclusively by us or others who have licensed their material to us (unless indicated otherwise).
The Website and contents of the Products may contain material in which third parties own the copyright. Copying such material may infringe the rights of others.
The “Governance and Management” brand is our intellectual property and any unauthorised use is prohibited. Other product and company names mentioned on this Website may be the trade marks or intellectual property of other people or entities.
We have used our best endeavours to ensure that the information contained on the Website is true and accurate. We monitor the quality of the information available on the Website and update that information regularly. However, we (including our directors, officers, employees, agents and related entities responsible for maintaining the Website) accept no responsibility and disclaim all liability in respect of any errors, inaccuracies or misstatements contained on the Website. You should make your own inquiries to verify information stated on the Website.
All information available on the Website, including but not limited to information relating to third party service providers, publications, guides and general information relating to governance and management displayed on the Website are current at the time of issue. Such information may change at any time and is subject to any updated information we receive.
In some cases, the material set out on the Website may incorporate or summarise views, guidelines or recommendations of third parties. Such material is assembled in good faith, but does not necessarily reflect our views or indicate a commitment to a particular course of action.
Links to other websites are inserted for convenience and do not constitute endorsement of material at those websites, or any associated organisation, product or service. We are not responsible for the privacy practices or the content of such websites. Furthermore, we accept no responsibility for material contained in any website that links to the Website.
By virtue of browsing or accessing the Website, you have accepted the laws of New South Wales as the law governing the conduct and operation of the Website. In this respect, the courts of New South Wales will have exclusive jurisdiction over all claims or disputes arising in relation to, out of, or in connection with the Website or its use.
17. Changes to this Agreement
We may modify this Agreement at any time, and such modifications shall be effective immediately upon the modified Agreement being publicly available on the Website. The Agreement is considered renewed every time such changes occur and your continued access or use of the Website and Product shall be deemed your conclusive acceptance of the modified Agreement.
18. How Current is this Agreement?
This Agreement was last updated on 15 February 2018.
19. Contact Us
If you have any queries or comments concerning any aspect of this Agreement or our practices, you are welcome to contact us by emailing [email protected].