Terms & Conditions
Site Terms and Conditions of Purchase
Use of this website is subject to these Terms of Use.
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."
These Terms of Use are governed by the laws in force in New Zealand and
you irrevocably and unconditionally submit to the non-exclusive
jurisdiction of the courts of the New Zealand and any courts which may
hear appeals from those courts.
Elemental Books eBook Service: Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.
1. General.
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").
By registering, accessing or using the Service you signify that you
have read, understand and agree to be bound by these terms of use (these
"Terms of Use" or this "Agreement"), whether or not you are a
Registered User of the Service. You are only authorised to use the
Service (regardless of whether your access or use is intended) if you
agree to abide by all applicable laws and to this Agreement. Elemental
Books reserves the right, at its sole discretion, to change, modify,
add, or delete portions of these Terms of Use at any time without
further notice. If Elemental Books does this, Elemental Books will post
the changes to these terms and conditions on the Service. Your continued
use of the Service after any such changes constitutes your acceptance
of the revised terms and conditions.
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.
Any personal information you provide in the registration form will be
collected in accordance with, and for the express purposes set out in
the Elemental Books Privacy Policy.
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.
B. All content on the Service, including but not limited to designs,
text, graphics, pictures, video, information, applications, software,
music, sound and other files, and their selection and arrangement ("Site
Content"), save and except for any literary works are the proprietary
property of Elemental Books or its licensors with all rights reserved.
No Site Content may be modified, copied, distributed, framed,
reproduced, republished, downloaded, displayed, posted, transmitted, or
sold in any form or by any means, in whole or in part, without Elemental
Books's prior written permission. Provided that you are eligible for
use of the Service and subject to these Terms of Use, you are granted a
limited license to access the Service and the Site Content and to
download or print a copy of any portion of the Site Content to which you
have properly gained access solely for your personal, non-commercial
use, provided that you keep all copyright and other proprietary notices
intact. You may not upload or republish Site Content on any Internet,
Intranet or Extranet site or incorporate the information in any other
database or compilation, and any other use of the Site Content is
strictly prohibited. The foregoing license is subject to these Terms of
Use and does not include use of any data mining, robots or similar data
gathering or extraction methods. Any use of the Service or the Site
Content other than as specifically authorised herein, without the prior
written permission of Elemental Books, is strictly prohibited and will
terminate the license granted herein. Such unauthorised use may also
violate applicable laws including without limitation copyright and
trade-mark laws and applicable communications regulations and statutes.
Unless explicitly stated herein, nothing in these terms and conditions
shall be construed as conferring any license to intellectual property
rights, whether by estoppel, implication or otherwise. This license is
revocable by Elemental Books at any time without notice and with or
without cause.
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.
5. Monitoring.
Elemental Books shall have the right, but not the obligation, to
monitor the content of the Service including any chat rooms and forums,
to determine compliance with these Terms of Use and any operating rules
established by Elemental Books and to satisfy any law, regulation or
authorised government request. Elemental Books shall have the right in
its sole discretion to edit, refuse to post or remove any material
submitted to or posted on the Service. Without limiting the foregoing,
Elemental Books determines to be objectionable. Although Elemental Books
reserves the right to remove, without notice, any posting for any
reason, Elemental Books has no obligation to delete submissions that you
may find objectionable or offensive.
6. Indemnification.
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.
7. Trademarks.
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.