Terms & Conditions
Site Terms and Conditions of Purchase
The owner and operator of this site is Elemental Books trading as Elemental Books.
Prices, offers and stock availability may vary between this web site and Elemental Books stores.
Your contract for the purchase of goods made through this site is with Elemental Books.
We reserve the right to make changes to this web site and the terms and conditions at any time. You should check the terms and conditions each time you use this web site.
We will endeavour to supply the orders placed on this site but cannot guarantee supply. We will charge you the retail price shown on the site at the time of order. There are no additional delivery charges at the time you place your order. All prices are in New Zealand Dollars and include New Zealand GST (if any). Dispatch of orders is subject to stock availability, you will be advised if a product is unavailable.
Elemental Books currently only supplies to New Zealand addresses. Please ensure the delivery address and receiver's name for your order is accurate and complete (including any business name if shipping to a work address) as we are unable to change any details once the order has been placed. We will not take responsibility for any orders that go missing due to incorrect delivery information provided by you.
You must notify us within 7 days of the dispatch date (as stated in the email we send confirming dispatch) if you have not received an item.
Supply of goods is on a firm sale basis. Any return of goods is subject to our Returns Policy.
The information contained in this site may contain technical inaccuracies, typographical or bibliographical errors. All liability of Elemental Books howsoever arising for inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
Elemental Books is the copyright owner of the content of this website or is permitted by the copyright owner to use the content on the website. Brand names, cover images, characters, book titles and other product information used in this site may be the trademark or intellectual property of a registered holder. No permission is given in respect of use of any of the above, and such use may constitute an infringement of the holders' rights.
No part of this website may be reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the express written permission of Elemental Books. Nothing contained in the website should be construed as granting any licence or right of use of any trademark or part of any trademark displayed on this website without the express written permission of Elemental Books or third party owner.
By purchasing from us you agree that you act as the importer of goods shipped from overseas and that all such goods are for private use only. You are responsible for any import taxes or other rising from the importation of these goods. Where the value of a single consignment exceeds the New Zealand low value GST threshold it is likely that you, the customer, will incur import GST. You, the customer, are solely reponsible for this charge.
Elemental Books will ensure that the following copyright statement is brought to the attention of users of the Cover images by its inclusion in user documentation and/or screen displays:
"All rights in images of books or other publications included in Elemental Books are reserved by the original copyright owners."
Elemental Books eBook service is an online service operated by Elemental Books in partnership with Kobo Inc.("Kobo") that provides users with access to discover, read and purchase literary works from content providers through multiple electronic interfaces including the Elemental Books website, mobile applications, web applications or "widgets", and other applications (the "Service").
If you do not comply with this Agreement at any time, Elemental Books reserves the right to immediately cancel or terminate your access to the Service (or any part thereof) and/or your user account, if any. In Elemental Books's sole discretion and without prior notice or liability, Elemental Books may discontinue, modify or alter any aspect of the Service including, but not limited to: (i) restricting the time the Service is available; (ii) restricting the amount of use permitted; and (iii) restricting or terminating any user's right to use the Service. You agree that any termination or cancellation of your access to, or use of, the Service may be effected without prior notice. If you do not abide by the terms of this Agreement, you agree that we may immediately deactivate or delete your user account, if any, and all related information and/or files in your user account and/or bar any further access to such information and/or files and/or the Service (or part thereof). Further, you agree that Elemental Books shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Service. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Service, or any policies or practices by Elemental Books in providing the Service, including without limitation any change in content, is to cease using the Service and cancel or terminate your subscription or Registered User account, as applicable
2. Registered Users.
The Service is open to the public but certain portions, components, content and features of the Service (including purchases or access to eBooks) are only available to individuals who register with Elemental Books and create a user account on the Service (each, a "Registered User"). If you are a Registered User then you agree to the following:
(i) in consideration of your use of the Service, you represent that you are of the age of majority in the jurisdiction in which you reside, or 13 years old or older up to the age of majority in the jurisdiction in which you reside with the express written consent of your parent or legal guardian, and are not a person barred from receiving services under the federal laws of New Zealand or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Service, including your geographical location and billing address (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Elemental Books has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof);
(ii) Registered Users will receive a password and account designation upon completing the Service registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify Elemental Books of any unauthorised use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session.
3. Restrictions on Use.
These terms apply to all users of the Service, whether or not you are a Registered User.
A. You shall use the Service for lawful purposes only. you shall not post or transmit through the Service any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without Elemental Books's express prior approval, you shall not post or transmit through the Service any material that contains advertising or any solicitation with respect to products or services. You shall not use the Service to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services. Any conduct by you that in Elemental Books's discretion restricts or inhibits any other user from using or enjoying the Service will not be permitted.
C. You shall not upload, post or otherwise make available on the Service any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Service, you automatically grant, or warrant that the owner of such material has expressly granted Elemental Books the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Service to access, view, store or reproduce the material for that user's personal use. You grant Elemental Books the right to edit, copy, display, publish and distribute any material made available on the Service by you. The foregoing does not apply to literary works provided to Elemental Books for sale on the Service by a publisher or other content provider.
D. You may not obscure or misrepresent your geographical location, forge headers, use proxies, use IP spoofing or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
E. You are prohibited from violating or attempting to violate the security of the Service, including, without limitation:
(a) accessing data not intended for you, including logging into a server or account which you not authorised to access;
(b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorisation;
(c) using any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Site Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
(d) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Elemental Books's systems or networks, or any systems or networks connected to the Service or to Elemental Books'
(e) conducting a reverse look-up, tracing or seeking to trace any information on any other user, Registered User or visitor to the Service, or any other customer of Elemental Books, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service;
(f) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of "denial of service" attacks, overloading, "flooding", "mailbombing" or "crashing";
(g) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(h) disrupt network nodes or network services or otherwise restrict, inhibit, disrupt or impede Elemental Books ability to monitor or make available the Service; or
(i) taking any action in order to obtain services to which you are not entitled.
Violations of system or network security may result in civil or criminal liability. Elemental Books will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user (whether or not a Registered User) who is involved in such violations.
4. Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER Elemental Books, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.
B. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE.
C. IN NO EVENT WILL Elemental Books, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Elemental Books's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
D. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Elemental Books IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless Elemental Books and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the Service.
Elemental Books, elementalbooks.co.nz and related words, domain names and logos are trade-marks and the property of Elemental Books. All other trade-marks, product names and company names or logos cited herein are the property of their respective owners.
8. Third Party Content.
Elemental Books has no more editorial control over content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including content providers and users, are those of the respective author(s) or distributor(s) and not of Elemental Books. In many instances, the content available through the Service represents the opinions and judgments of the respective content provider or user. Elemental Books neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Service by anyone other than authorised Elemental Books employee spokespersons while acting in their official capacities.
9. Literary Works.
All literary works at elementalbooks.co.nz are the exclusive property of the publisher or its licensors and is protected by copyright and other intellectual property laws. The download of these literary works is intended for Elemental Books Registered Users' personal and non-commercial use. Any other use of literary works downloaded from elementalbooks.co.nz is strictly prohibited. Registered Users may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of these literary works, in whole or in part. By downloading literary works from elementalbooks.co.nz, the Registered User hereby acknowledges and agrees to these terms.
10. Public Domain.
Some of the literary works offered on the Service have been identified as being in the public domain by certain content providers. Elemental Books does not verify the accuracy of public domain designations and is not liable for any damage that may result from the downloading or other use of such literary works by you. If you do not reside in the relevant jurisdiction for which the public domain designation has been made, it is your responsibility to check the laws of your country of residence prior to downloading or accessing such literary works.