Terms and Conditions for the APA’s commercial services

Corporate structure

The Australian Publishers Association (the APA) is a company Limited by Guarantee ACN 003 985 313.

Website

The Australian Publishers Association (APA) website uses the domain www.publishers.asn.au. 

Use of the member sections of this website (and other APA member services) is conditional upon you agreeing to the terms and conditions below (Terms and Conditions).

By joining the Australian Publishers Association, you acknowledge that you have read and agree to be bound by these Terms and Conditions (as amended from time to time). 

Copyright

1. All content provided in Australian Publishers Association publications (including its website and newsletters) is owned by or licensed to the APA. 

2. By using this website you acknowledge the Australian Publishers Association’s copyright and agree to take all steps necessary to protect that copyright. 

3. You agree to refrain from all copying, photocopying, printing, emailing or other reproduction of all or any part of this product except where permitted under the Copyright Act. 

Reproducing content

4. If your employer is a member you may display and electronically copy, download and print any content among the staff of your organisation provided you do not modify or delete any copyright, trademark or other proprietary notices. 

Circulating content

5. Members who print out, copy, email or otherwise circulate content beyond their own organisation in any way without the express written permission of the Australian Publishers Association are in breach of copyright. 

6. To create a PDF of an Australian Publishers Association newsletter and forward it to people outside of your organisation is a breach of the membership licence and a breach of the Copyright Amendment (Digital Agenda) Act 2000. 

Licence to login and access content 

8. A membership to the APA is a licence to access the content for approved users. 

9. Each membership of the APA comes with a right for a member log-in for each staff member.

10. You are not entitled to share your log-in information for others to use.

Links to other websites

11. The website contains links to sites owned and operated by third parties and which are not under the control of the APA. 

12. In relation to the other sites which are linked to the website, the APA: 

  1. provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by the Australian Publishers Association of the linked site; and
  2. is not responsible for the material contained on those linked sites and your use of those linked sites is subject to the terms and conditions of use of such sites.
Use of information gathered 

13. You acknowledge that the Australian Publishers Association may collect your personal data for reasons of identity verification, security and service provision as set out in the APA’s Privacy Policy.

14. You acknowledge that by logging in as a member, the website will record a cookie, in order to allow it to function correctly and provide content. 

Advertising Terms and Conditions

15.  While the APA accepts advertising from members we offer no guarantee of sales.

16. Advertising is available for set periods and is limited by space and may be removed at the discretion of the APA without notice or cause.

17. Advertisers may only discontinue or cancel any contract, schedule or verbal order with the APA’s consent in writing. Any request for discontinuance or cancellation must be in writing or email, addressed to the Australian Publishers Association. Any such request will be considered only if received prior to the bookings closing date current at the time the request is received and will be subject to any surcharge that may be applicable by virtue of reduced usage under the contract, schedule or verbal order. Any request by the advertiser is an implied acceptance of the surcharge. 

18. All material as specified in APA‘s rates information (sheet) must be supplied to the Australian Publishers Association by material closing date. If such copy and materials are not so supplied, then the Australian Publishers Association shall be at liberty to charge the advertiser or his agent for the space booked and, where applicable, insert the advertiser’s previous advertisement from the same publication. 

19. The Australian Publishers Association reserves the right to vary advertising rates from time to time without notice. 

20. Typesetter’s error, casual displacement or omission does not invalidate the contract. Every care shall be taken to ensure prompt insertion of all advertisements, but the Australian Publishers Association shall not be liable for any loss occasioned by the failure of an advertisement to appear in any specified issue or by any specified date. 

21. The Australian Publishers Association will not be responsible for reproduction quality when artwork has not been supplied to specifications. 

22. The Australian Publishers Association shall not be liable for any loss or damage to materials not claimed within one (1) month of the last use. 

23. All advertising matter is subject to the approval of the APA, which reserves the right to reject any advertising materials. 

24. An advertisement that is deemed by the Australian Publishers Association to have the appearance of editorial material shall have the word ‘Advertisement’ set above or below it.

25 . Positions are entirely at the option of the Australian Publishers Association unless otherwise arranged with the Advertising Manager. 

26. No advertisement is accepted on the basis that there will be editorial mention of the advertiser’s goods or services. 

27. The advertiser and their advertising agent, if any, each warrants to the APA, its servants and agents that nothing in the advertising material infringes any Federal or State law or the rights of any person. 

28. The advertiser and their advertising agent, if any, to the extent permissible by law, each indemnifies,the APA  its servants and agents against all costs, expenses, claims, demands, damages and loss of any kind wholly or partly attributable to or arising out of acceptance or publication of any advertising material.

29. Where advertising material is not supplied in accordance with each publication’s requirements and specifications, the Australian Publishers Association Reserves the right to perform any additional work required at trade house rates and to bill this amount to the advertiser. 

Warranties provided by you

30. You warrant and acknowledge that: 

  1. you have the legal capacity to enter into a legally binding contract; 
  2. the information you provide on this website is: 
    1. correct, complete and current; 
    2. not misleading or deceptive or likely to mislead or deceive; and 
    3. free from any programming bugs or computer viruses, faults or errors;
  3. you will comply with all applicable laws in relation to any transactions entered into on this website and you will not use this website for any illegal or fraudulent purpose; 
  4. you will not impede the use of this website by any person; 
  5. you will maintain secrecy and confidentiality of all username and password information required by you to access the membership Product and you will immediately notify the Australian Publishers Association If your password has been lost, stolen or compromised in any way; and 
  6. you will not impersonate any other person or allow any other person to impersonate you or make use of your username or password. 

Disclaimer

31. You acknowledge that: 

  1. the Australian Publishers Association makes no warranties as to, and does not vet, authorise or endorse the accuracy, currency, suitability or completeness of any information contained on or accessed through this website (the Information); 
  2. the Australian Publishers Association does not warrant or represent that:
    1. any message posted, uploaded or otherwise transmitted to or from this website has not been altered in transmission; 
    2. any message posted, uploaded or otherwise transmitted to or from this website will be received by the intended recipient; or 
    3. any information (including any file) downloaded or otherwise transmitted to you from this website is free from viruses, faults or errors; 
  3. whilst the Australian Publishers Association will try to ensure that this website is accessible to users, it does not warrant that users or potential users will have continuous access to this website. the Australian Publishers Association will not be liable in the event that this website is unavailable to users or potential users due to: 
    1. any events caused by the Australian Publishers Association, whether negligent or not; or 
    2. any events beyond the control of  the Australian Publishers Association, including but not limited to, server downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities, or any other reason whatsoever. 
Limitation of liability

32. To the full extent permitted by law, the Australian Publishers Association, its directors, employees, agents, contractors and related bodies corporate, will be under no liability to any person in respect of any loss or damage (including consequential and special loss or damage) which may be suffered or incurred or which may arise directly or indirectly from or in connection with: 

  1. any use of this website or of the Information for whatever reason; 
  2. any goods or services purchased or obtained from this website; 
  3. any transaction entered into through this website; and /or 
  4. termination of your access to this website 

whether or not such loss or damage was as a result of error or misrepresentation, negligent act or omission, or any other cause whatsoever. 

33. If any law prohibits the exclusion of such liability, the Australian Publishers Association Limits its liability to the extent permitted by the law and at its option: 

  1. if the breach relates to goods supplied by the APA: 
    1. the replacement of the goods or the supply of equivalent goods; or 
    2. the repair of such goods; 
  2. if the breach relates to services supplied by the APA, the supplying of the services again; 
  3. if the breach relates to the supply of Information to the re-supply of such information. 
Alteration of Terms and Conditions

34. The Australian Publishers Association Reserves the right to change these Terms and Conditions: 

  1. with or without further notice to you; and 
  2. without giving you any explanation or justification for such change. 

Governing law

35. These Terms and Conditions are governed by and construed in accordance with Australian laws.

Entire Agreement

36. These Terms and Conditions are subsidiary to the constitution of the Australian Publishers, but otherwise these terms supersede all prior agreements, understandings, representations and warranties, whether express or implied.