Globetrotter
Terms and Conditions
Things you should know before using or accessing this website.
This website is owned and operated by New Holland Publishers Ltd in conjunction
with The Book Service Limited. The Book Service Limited (TBS) is part of
the group of New Holland Publishers Ltd companies and shall process any orders
placed by you through this website. By accessing or using this site, you
agree to the terms set out in this Terms of Use agreement (Terms). These
Terms may be changed at any time by us. If we make any changes to these we
will include a notice on the Home Page and you should then check the
changes. You accept that you will have no claim for breach of contract or
otherwise in respect of any such alteration. Your continued access to and
use of this website will mean that you agree to be bound by the most current
version of the Terms. These Terms apply to all contracts between you and us.
You agree that you have read and understood these Terms. These Terms were last
updated on 3rd April 2009.
Interpretation
"We", "us", "our", means New Holland
Publishers Ltd. "You", "your" means the person using the
Website under these Terms. "Working days" means all days other than
Saturdays, Sundays, and Public Holidays.
1. Changes to the website
You acknowledge and accept that we may from time to
time alter any aspect of this website, or any of the services or products
provided through the website, as we think fit and without notice to you.
2. Downtime
2.1 You acknowledge and accept that computer and
telecommunication systems are not fault-free and may from time to time require
periods of downtime (being periods during which the website is not available to
you) for the purposes of repair, maintenance and upgrading or otherwise.
2.2 We do not guarantee uninterrupted availability of the
website, but shall make reasonable efforts to minimise any periods during which
the website is not available. You accept that you will have no claim for breach
of contract or otherwise in respect of any such period of unavailability.
3. Hypertext links
3.1 The website may incorporate
links to other websites of third parties. Such links are provided for your
convenience only, and their provision does not constitute an authorisation by
us to you to access such third party websites, nor an endorsement of the
content of such third party sites by us.
3.2 You acknowledge and accept that we are not, and will
not be held responsible for any damages, loss, costs or expenses arising from
the use of such third party websites or products or services available through
such third party websites.
4. Security
4.1 We take your online privacy seriously. However,
although we use appropriate encrypted security software on our website, the
security of information transmitted via the Internet cannot be guaranteed. Any
losses incurred or sustained by you as a result of transmitting information by
means of email or other internet link will be borne solely and exclusively by
you.
5. Additional rules
5.1 This website may contain various
bulletin boards, competitions and other features that are each governed by
additional rules. Please read those rules, posted or linked at each
feature before participating in them, as they form part of these Terms to which
you agree through your continued use of this site.
6. Your conduct
6.1 You must use the website
for lawful purposes only.
6.2 You must not send for display on the website any
material that is unlawful including but not limited to material which is
defamatory, obscene, indecent, menacing, in breach of privacy or confidence,
infringes copyright or trademark rights.
6.3 You must not send material containing software
viruses or otherwise use the website in any way that interrupts access to it.
7. Privacy
7.1 We will only use the
details supplied by you in accordance with our Privacy Policy.
8. Prohibited content policy
8.1 It is a condition of use of
this Website that you will not post any Prohibited Content on any bulletin board
and/or forum as set out below. You will not:
8.1.1 publish falsehoods or misrepresentations that could
damage us or any third party;
8.1.2 submit content or provide links to websites that
are unlawful, obscene, defamatory, libellous, threatening, pornographic,
harassing, hateful, racially or ethnically offensive, or encourage such conduct
that would be considered a criminal offence, give rise to breach of contract,
break any law, or are otherwise inappropriate;
8.1.3 post or encourage an illegal or unauthorised copy
of work protected by a third party’s copyright, including but not limited to
providing pirated computer programmes or links to them, providing information
to circumvent manufacture-installed copy-protect devices, or providing pirated
music or links to pirated music files;
8.1.4 submit material that is otherwise subject to third
party rights unless you have the relevant permission to use such material and
publish it on the Website;
8.1.5 impersonate another person;
8.1.6 post advertisements or solicitations of business;
or
8.1.7 solicit personal information from anyone.
8.2 Any content which includes any of the content set out
at clause 8.1 is Prohibited Content. We may, in our absolute discretion, deem
any other Content not listed in clause 8.1 to be Prohibited Content.
8.3 We reserve the right to investigate and take
appropriate action against anyone who, in our opinion, is in breach of this
agreement, and in particular, provides Prohibited Content. Such action
includes, but is not limited to, reporting the Prohibited Content and your
details to the appropriate law enforcement agencies and removing the Prohibited
Content from our website.
8.4 We reserve the right to terminate your access to our
website, if you are, in our absolute discretion, deemed to be a repeat
infringer.
8.5 If you believe that any posting or review displayed
on our website contains Prohibited Content, please notify us immediately by
contacting us at enquiries@nhpub.co.uk. We will
consider your notification and if we consider it to be appropriate we will take
all reasonable steps to remove the Prohibited Content complained about within a
reasonable time.
9. Intellectual property rights
9.1 This site contains material
that is owned or licensed by New Holland Publishers. You may not copy,
reproduce, upload, post, distribute, republish, retransmit, or modify in any
way any of the material on this site, including computer code and software.
9.2 All brand names, product names and titles used in
this website are trade names, and in some instances trade marks, of their
respective holders. No permission is given in respect of use of any of the
above, and such use may constitute an infringement of the holders' rights.
9.3 By posting messages, sending emails, inputting data
answering questions uploading data or files or otherwise communicating with us
through this website (a “Communication”), you are granting us a perpetual,
non-exclusive, royalty free, unrestricted worldwide licence to use, display,
sublicense, adapt, create derivative works from, transmit and copy such
Communication and you waive your right to be identified as the author of such
content and your right to object to derogatory treatment of it. The
foregoing grant shall include the right to exploit any proprietary rights in
such Communication, including but not limited to rights under trademark,
copyright, service mark or patent laws in any relevant jurisdiction in any
media.
10. Limitations of liability
10.1 Nothing in these Terms
excludes or limits our liability for death or personal injury caused by our
negligence or any other liability which cannot be excluded on a point of law.
10.2 Further to clause 2, we are providing this website
on an “AS IS, AS AVAILABLE” basis to users. You use this website at your
own risk.
10.3 Subject to 7.1 above, we will not be liable to you
for any loss or damage in circumstances where or to the extent that:
10.3.1 neither we nor our employees or agents are in
breach of a legal duty owed to you;
10.3.2 such loss or damage is not a reasonably
foreseeable result of any such breach; or
10.3.3 any increase in loss or damage results from a
breach by you of any term of this contract.
10.4 Except as expressly provided in these Terms and save
for fraudulent misrepresentation, all conditions, representations and
warranties (express or implied, statutory or otherwise) are excluded to the
extent permitted by law including without limitation any implied warranties or
conditions as to quality, fitness for purpose and reasonable skill and care.
10.5 Under no circumstances, including negligence, shall
we or any affiliated company or individual be held liable for any direct,
indirect, incidental, special or consequential damage (including, without
limitation whether for loss of profit, loss of business, lost data, viruses
that may infect your computer, depletion of goodwill or otherwise), costs,
expenses or other claims for economic loss (howsoever caused) which arise out
of or in connection with these Terms or your use of this website generally.
10.6 We further do not warrant that the website or the
products and materials contained on such site are error free, or that errors
will be corrected, or that this site or the server from which it is run is free
of viruses or other potentially harmful codes.
11. Indemnity
11.1 You agree to defend, indemnify and hold us and any
affiliated company or individual harmless from any and all liabilities, costs
and expenses, including reasonable legal fees, related to any violation of
these Terms by you or your authorised users, or in connection with the use of
the website or the Internet or the placement or transmission of any message or
information on this website by you or your authorised users.
12. General
12.1 Our failure to
insist upon the strict performance of any of your obligations under the Terms
will not be construed as a waiver and will not affect our rights to require
strict performance of such obligations.
12.2 If any provision of the Terms or part thereof is
found to be invalid or unenforceable, the invalidity or unenforceability of
such provision or part will not affect any other provision or the remainder of
the provision in which such invalid or unenforceable part is contained, which
will remain in full force and effect.
12.3 All notices will be in writing and maybe served by
either party on the other by hand or by first class pre-paid post. The address
for service, in the case of a notice from you to us, is specified at the bottom
of this page and, in the case of a notice from us to you, will be the address
stated on your order.
12.4 Nothing in these Terms which form the agreement
between you and us will give nor is intended to give rights to any third party
under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
12.5 This website may provide links to the websites and
services of third parties. Such links are provided for your convenience
only, and their provision does not constitute or imply control of or an
endorsement of the content of such third party websites by us. You acknowledge
that the use of such third party websites is governed by the terms and
conditions of use as applicable to such websites.
12.6 These Terms are governed by and construed
in accordance with English law and the parties will submit to exclusive
jurisdiction of the English courts.
12.7 Neither we nor our affiliates make any
representation that materials on this website are appropriate or available for
use in locations outside the
13. Termination
This agreement may be terminated by use at any time without notice. In this
event of termination, you are no longer authorised to have access to the site
and all limitations on our liability and on your use of our material shall
survive. These Terms, along with any additional rules or conditions
referred to herein and the Privacy Policy constitute the entire agreements and
understanding between you and us as to your use of this website superseding all
prior or contemporaneous communications and/or proposals.
14. Comments on how we may improve our
service to you
We aim to provide outstanding customer service. If you have any comments about
the service you have received from us, please contact us at the email address
below.
15. Contact Us
For comments relating to the content of the website generally, please email
us at enquiries@nhpub.co.uk.
For service of legal notices our details are as follows:
New Holland Publishers
Garfield House
86-88 Edgware Road
London W2 2EA
Sales
terms and conditions:
Things
you should know before placing an order.
This website is owned and operated by New Holland Publishers Ltd in
conjunction with The Book Service Limited. The Book Service Limited (TBS)
is part of the group of New Holland Publishers Ltd companies and shall process
any orders placed by you through this website. By placing an order for
goods and/or services offered for sale on this website, you agree to the
following terms and conditions (Sales Terms). These Sale Terms may be changed
at any time by us. If we make any changes to these we will include a notice on
the Home Page and you should then check the changes. You accept that you will
have no claim for breach of contract or otherwise in respect of any such
alteration. Placing orders for goods and/or services on this website will mean
that you agree to be bound by the most current version of the Sales
Terms. These Sales Terms apply to all contracts between you and us. These
Sales Terms were last updated on 3rd April 2009.
Interpretation
"We, "us", "our", means The Book Service Limited.
"You", "your" means the person ordering
products under these Sales Terms. "Working days" means all
days other than Saturdays, Sundays, and Public Holidays. "Goods"
means the good(s) (including but not limited to books in printed form) you have
ordered from us using the website and “Services” means the service(s) you have
ordered from us using the website (including but not limited to ebooks),
together, the “Products”.
1. Registration
1.1 In order to purchase Products from this website, you
need to register your details with us. On registration, you must provide us
with accurate and complete registration information and it is your
responsibility to inform us of any changes to that information (to your email
address in particular) by updating your details in the My Account section.
1.2 On first registration you will choose a user name and
password (ID). None of our employees or agents will ever ask you for this password. Do
not disclose this password to anyone under any circumstances whatsoever.
1.3 You are responsible for all use of your ID and for
preventing unauthorised use of your ID. If you believe there has been any
breach of security such as the disclosure, theft or unauthorised use of your ID
or any payment information you must notify us immediately by contacting us at enquiries@nhpub.co.uk
1.4 Your registration does not in itself entitle you to
purchase Products from us and we are not obliged to accept any or all orders
that you place with us.
2. Formation of contract
2.1 All orders for Products are offers by you to purchase
and accepted only when you receive a confirmation email from us to the effect
that your order has been processed and your Products have been
dispatched. This will form a contract, which incorporates these terms and
conditions, between you and us (Contract).
2.2 Where the use of the Products is stated to be subject
to any instructions or warnings, they are supplied on the condition that such
instructions or warnings will be strictly adhered to.
3. Prices
3.1 All prices for the
Products are inclusive of taxes but exclusive of delivery charges.
3.2 The price of an item is the price on the day of your
order. We try to ensure that all prices on display on this website are accurate
but the price on your order will need to be validated by us prior to processing
your order. Where an item’s correct price is higher than the price stated on
your order we will contact you to let you know the correct price and give you
the opportunity of reconfirming your order or cancelling before we dispatch the
Products.
3.3 All Products are subject to availability. Where
stock has run out or Products cannot for some reason be dispatched, we will
contact you by email to inform you of this and give you a likely delivery date
for within 14 days. If it is not possible to deliver within 14 days, we will
not accept that part of your order. Where these Products are part of a
larger order, we will process and dispatch the available Products to you in the
normal manner in accordance with these Sales Terms.
4. Payment
4.1 Payment authorisation must be provided by you on the
date that you place an order for Products.
4.2 Payment must be made by credit/debit card. We
accept payment by Visa, MasterCard, Switch, Maestro and Delta. Payment
will be debited from your account before despatch of the Products to you.
4.3 Upon receiving your order we will carry out a
standard pre-authorisation check on your payment card to ensure there are
sufficient funds in order to fulfil the transaction. No payment is debited from
your card during this pre-authorisation check.
4.4 On some occasions, we are required by the card issuer
to perform additional security checks on the payment card, which can delay the
order until the card has been authorised.
4.5 You confirm that the credit/debit card that is being
used is yours.
4.6 All product prices and delivery charges are shown in
5. Privacy
5.1 We will only use the details
supplied by you in accordance with our Privacy
Policy.
6. Delivery in the
6.1 Delivery of Goods in the
6.1.1 We can deliver to any address in the
6.1.2 There may be a charge for delivery. Click here for our
delivery charges.
6.1.3 All delivery times are estimates only and, while we will
endeavour to avoid delay, we will not be liable to you for any loss or damage
arising from delay in delivery.
6.1.4 We may deliver the Goods by instalments. Delivery
charges will be those set out at the time you placed your order.
6.1.5 If we are unable to perform the whole or part of these
Sales Terms due to any cause or event beyond our reasonable control we may, at
our option, by notice in writing to you, cancel or suspend these Sales Terms in
whole or in part without liability and without prejudice to our rights to
receive payment of the price for all Goods previously delivered.
6.1.6 If you receive the wrong goods or Goods are damaged in
transit, you must contact us within 28 calendar days via the My Account
section and confirm to us what has
happened. Please refer to the terms and conditions of our Cancellation
and Returns policy.
6.2 Delivery of Services
6.2.1 Services will be delivered to your www.newhollandpublishers.com
account. You will receive an email notifying you once the Services have
been sent to your account, following which you may access the Services you have
purchased through the My Account section of the website.
6.2.2 If we are unable to perform the whole or part of these
Sales Terms due to any cause or event beyond our reasonable control we may, at
our option, by notice in writing to you, cancel or suspend these Sales Terms in
whole or in part without liability and without prejudice to our rights to
receive payment of the price for all Services previously delivered.
6.2.3 If any of the Services delivered to your account are
faulty you must contact us within 28 calendar days via the My Account section
and confirm to us what has happened. Please refer to the terms and conditions
of our Cancellation and Returns policy.
7. Orders of Goods to and from overseas
7.1 There may be a territorial restriction on our ability
to deliver and we will inform you accordingly. It is your responsibility to
provide us with a full and accurate delivery address (including country).
7.2 The provisions of clauses 6.2 to 6.6 above apply also
to overseas sales.
7.3 When ordering Goods for delivery overseas you may be subject
to import duties and taxes, which are levied once the Goods reach the specified
destination. Any additional charges for customs clearance must be borne by
you.
7.4 We have no control over these charges and cannot
predict what they may be. Customs policies vary widely from country to country,
so you should contact your local customs office for further information.
7.5 When ordering from us, you are considered the
importer of record and must comply with all laws and regulations of the country
in which you are receiving the Goods. You are responsible for notifying
your local customs office of your purchase. Please be aware that
cross-border deliveries are subject to opening and inspection by customs
authorities.
8. Risk/Title
8.1 The Products are at your risk from the time of delivery.
8.2 Ownership of the Products does not pass to you until we
have received in full (cash or cleared funds) all sums due in respect of:
8.2.1 the Products; and
8.2.2 all other sums which are or become due to the us from
you on any account.
9. Security
9.1 We take your online privacy
seriously. However, although we use appropriate encrypted security software on
our website, the security of any payments transmitted and processed via the
Internet cannot be guaranteed. Any losses incurred or sustained by you as a
result of transmitting information by means of e-mail or other internet link
will be borne solely and exclusively by you.
10. Limitations of liability
10.1 Nothing in these Sales
Terms excludes or limits our liability for death or personal injury caused by
our negligence or any other liability which cannot be excluded on a point of
law.
10.2 Subject to 9.1 above, we will not be liable to you
for any loss or damage in circumstances where or to the extent that:
10.2.1 neither we nor our employees or agents are in
breach of a legal duty owed to you;
10.2.2 such loss or damage is not a reasonably
foreseeable result of any such breach; or
10.2.3 any increase in loss or damage results from a
breach by you of any term of this contract.
10.3 Except as expressly provided in these Sales Terms
and save for fraudulent misrepresentation, all conditions, representations and
warranties (express or implied, statutory or otherwise) are excluded to the
extent permitted by law including without limitation any implied warranties or
conditions as to quality, fitness for purpose and reasonable skill and care.
10.4 Under no circumstances, including negligence, shall
we or any affiliated company or individual be held liable for any direct,
indirect, incidental, special or consequential damage (including, without
limitation whether for loss of profit, loss of business, lost data, viruses
that may infect your computer, depletion of goodwill or otherwise), costs,
expenses or other claims for economic loss (howsoever caused) which arise out
of or in connection with these Sales Terms or your use of this website
generally.
10.5 We further do not warrant that the website or the
products and materials contained on such site are error free, or that errors
will be corrected, or that this site or the server from which it is run is free
of viruses or other potentially harmful codes.
10.6 Our employees and agents are not authorised to make
any representations or give any warranty concerning the Products unless these
are confirmed in writing by us. In entering into the Contract you
acknowledge that you do not rely on and waive any claim for any breach of any
representation or warranty which is not so confirmed.
11. Indemnity
You agree to defend, indemnify and hold us and any affiliated company or
individual harmless from any and all liabilities, costs and expenses, including
reasonable legal fees, related to any violation of these Sales Terms by you or
your authorised users, or in connection with the use of the website or the
Internet or the placement or transmission of any message or information on this
website by you or your authorised users.
12. General
12.1 From time to time we may make special offers
available to you. These are available for limited periods only.
12.2 Our failure to insist upon the strict performance of
any of your obligations under the Sales Terms will not be construed as a waiver
and will not affect our rights to require strict performance of such
obligations.
12.3 If any provision of the Sales Terms or part thereof
is found to be invalid or unenforceable, the invalidity or unenforceability of
such provision or part will not affect any other provision or the remainder of
the provision in which such invalid or unenforceable part is contained, which
will remain in full force and effect.
12.4 All notices will be in writing and maybe served by
either party on the other by hand or by first class pre paid post. The address
for service, in the case of a notice from you to us, is specified at the bottom
of this page and, in the case of a notice from us to you, will be the address
stated on your order.
12.5 Nothing in these Sales Terms which form the
agreement between you and us will give nor is intended to give rights to any
third party under the Contracts (Rights of Third Parties) Act 1999 or
otherwise.
12.6 This website may provide links to the websites and
services of third parties. Such links are provided for your convenience
only, and their provision does not constitute or imply control of or an
endorsement of the content of such third party websites by us. You acknowledge
that the use of such third party websites is governed by the terms and
conditions of use as applicable to such websites.
12.7 These Sales Terms are governed by and construed in
accordance with English law and the parties will submit to the exclusive
jurisdiction of the English courts.
12.8 Neither we nor our affiliates make any representation
that materials on this website are appropriate or available for use in locations
outside the
13. Comments on how we may improve our
service to you
We aim to provide outstanding customer service. If you have any comments about
the service you have received from us, please email us at enquiries@nhpub.co.uk.
14. Contact us
For full details of how to contact us please visit our
'Contact Us'
page
Cancellations and returns
Cancellation and return of Goods (non-business
customers only)
This returns policy applies to Goods only (i.e. not Services such as ebooks)
and does not affect your statutory rights:
1. You may cancel your order before delivery or within 14
calendar days after the date of delivery if the delivery address is in the United
Kingdom or within 28 calendar days after the date of delivery if the delivery
address is outside the United Kingdom. Please cancel by using the order
enquiry form in the My
Accounts section.
2. We will credit your payment card with the cost of the unwanted Goods and our delivery charges within 30 days of the date of your cancellation.
3. Please return the unwanted Goods with the original packaging within 30 days of cancellation. You are required to take reasonable care of the goods while in your possession.
4. Returned Goods will be delivered to us at your cost, unless the Goods are defective or damaged or if we have delivered them to you in error. We will be entitled to deduct the cost of recovering the Goods if you fail to return them following cancellation.
5. If Goods are defective or damaged, please contact us via the order enquiries form on the My Account page. We reserve the right to check if items are damaged or defective before agreeing to reimbursement and ask for proof of damage or defect. We will refund you the cost of damaged or defective goods, our delivery charges and your reasonable return charges.
6. Refunds will be credited to your payment card and will
not be paid in cash.
Cancellation and return of Services
1. If Services are defective, please contact us via the order enquiries form
on the My Account page. We reserve the right to check if the Services are
defective before agreeing to reimbursement and to ask for proof of defect. We
may refund you the cost of defective Services at our sole discretion.
2. Refunds will be credited to your payment card and will not be paid in cash.
