Dunedin Academic Press

TERMS OF USE, COPYRIGHT & PRIVACY

Your use of this website constitutes acceptance by you of the following:

1. TERMS OF USE
This Site is owned and operated by Dunedin Academic Press Ltd and its suppliers. In accessing or using the Site you are agreeing to these Terms of Use. Unless otherwise stated, all content on this site, including logos, are the sole property of Dunedin Academic Press Ltd. The information and materials displayed on the Site are for personal and non-commercial use only.

All software used on this Site and all content included on this Site (including Site design, text and graphics and their selection and arrangement) is the property of Dunedin Academic Press Ltd or its suppliers.
You may not copy, reproduce, upload, post, republish, retransmit or modify in any way any material on this site, including design, computer code or software, without prior permission from Dunedin Academic Press Ltd. If you would like permission, please contact us directly.

Dunedin Academic Press Ltd does allow the downloading of one copy of extracts from the Site on any single computer for personal, non-commercial home use only, provided that all copyright and proprietary notices are kept intact. Any unauthorised use is an infringement of intellectual property laws.

Due effort has been made to contact copyright holders for permission to reproduce material that appears on the Site.

2. PURCHASES FROM AMAZON
Whilst every effort is made to ensure information on prices and availability are accurate, this cannot be guaranteed and Dunedin Academic Press Ltd. reserves the right to change price and availability information without notice. Before making any purchase of our publications from Amazon please read their Terms and Conditions. Dunedin Academic Press has no control over and therefore cannot accept any responsibility for the supply of any of our publications ordered from Amazon even if you followed a link to their pages from our Site.

3. LINKS TO THIRD PARTY WEB SITES
The Site may include links to third party websites which are maintained by others. Dunedin Academic Press Ltd. does not control the material contained in these sites. The Terms of Use for third party websites are controlled by those sites and not by Dunedin Academic Press Ltd. Before using any third party website, please consult the Terms of Use of the website concerned.

4. PRIVACY
Strictly for internal use and for the benefit of development of the Site, Dunedin Academic Press Ltd. may keep statistics of the Site's usage and pages visited. Dunedin Academic Press Ltd. will also keep information volunteered by the user, such as e-mail correspondence, survey information and registrations. Dunedin Academic Press Ltd will not disclose this information to third parties except as permitted by you and as required to enable us to develop and maintain the Site with our suppliers.

5. DISCLAIMER
Your use of the Site is 'as is'. The Site is provided by Dunedin Academic Press Ltd in good faith but Dunedin Academic Press Ltd does not make any representations or warranties of any kind, express or implied, in relation to all or any part of the Site or the Content or any websites to which the Site is linked, and all warranties and representations are hereby excluded to the extent permitted by law.

There is and can be no guarantee that the Site will be error or virus free, or free from other harmful codes. Under no circumstances shall Dunedin Academic Press Ltd. be held liable for any loss/damage, arising out of or in connection to any use of, or inability to use, all or any part of the Content, the Site and/or any website to which the Site is linked, or any action taken (or refrained from being taken) as a result of using any of these.

6. AMENDMENTS TO THE TERMS OF USE
Dunedin Academic Press Ltd. reserves the right to add to or amend these terms of use and agrees to ensure that details of the date and nature of amendments will be included as part of the conditions. Any changes will be listed in the Terms of Use and it is the user's responsibility to ensure that you are aware of any such changes. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to access the Site after that time.

Dunedin Academic Press Ltd., Conditions of Supply of Goods and Services

1. Definitions
1.1 "The Company" means Dunedin Academic Press Limited, Hudson House, 8 Albany Street, Edinburgh EH1 3QB. The Company is registered in Scotland, No. SC211929 or, where the context admits, its Distributor
1.2 "Customer" means any person, firm, company or unincorporated association which orders, buys or licences goods or services from The Company.
1.3 "Contract" means an individual legally binding contract between The Company and The Customer created when an Order placed by the Customer is accepted by The Company according to these Conditions.
1.4 "Distributor" means the Company's Distributor, Turpin Distribution Ltd, Pegasus Drive, Stratton Business Park, Biggleswade, SG18 8TQ, United Kingdom
1.5 "Goods" means the goods, and/or where the context admits, Services, which are the subject of the Contract.
1.6 "Invoice" means the invoice given or sent to the Customer detailing the Goods and the Price.
1.7 "Order" means the order placed by the Customer for the supply of Goods by The Company and the Customer acknowledges that these Conditions apply.
1.8 "Price" means the total price to be paid by the Customer to The Company for the supply of Goods.

2. Acceptance of Orders
2.1 Any quotation relating to Goods supplied by The Company and any catalogue, advertisement, or mail shot for such Goods shall not constitute an offer capable of acceptance by the Customer but an invitation to treat only. All Orders are accepted solely at the discretion of The Company and, if accepted, are accepted only on these Conditions.
2.2 These conditions shall prevail over any different or additional terms contained or referred to in a Customer's order and no such additional terms will bind unless expressly accepted in writing by a duly authorised officer of The Company.
2.3 An Order shall be deemed to have been accepted by The Company on whichever is the earliest of the following events:
2.3.1 the acceptance by the Company of payment in cleared funds for the Goods;
2.3.2 despatch to the Customer of a note advising that the Contract has been recorded and will be fulfilled once the Goods to which the advice note refers are available;
2.3.3 delivery of the Goods to the Customer or as the Customer has directed;
2.3.4 in the case of periodicals delivery of the first part to which a subscription relates to the Customer;
2.3.5 in the case of services, commencement by The Company of performance of the said services.

3. Delivery of Goods
3.1 unless otherwise agreed with the Customer the Company shall effect delivery of the Goods at the Customer's expense.
3.2 Delivery to the Customer shall take place when the Goods are placed with the Customer or at an address specified by the Customer.
3.3 Risk in the Goods shall pass to the Customer upon delivery to the Customer.
3.4 The Company reserves the right to make delivery to the Customer by instalments in all cases. Where Goods are delivered by instalment the Customer shall not be entitled to treat defective delivery of an instalment as a repudiation of the whole Contract nor to defer payment for any previous instalment.
3.5 Any time or date given by the Company for delivery is but an estimate given in good faith.

4. Property in the Goods
4.1 Notwithstanding delivery and the passing of risk in the Goods, property in the Goods shall not pass to the Customer until The Company has received payment in cash or cleared funds for the full price of the Goods.
4.2 Until Property in the Goods passes to the Customer, the Customer shall keep the Goods in good condition and free of any charge and The Company may at any time request that the Goods be returned to it in mint resalable condition by the Customer and, if such request is not met within three days, The Company may retake possession of the Goods and may enter any premises of the Customer for that purpose.
4.3 Until such time as property in the Goods passes to the Customer the Customer shall hold the Goods as The Company's agent and custodian and shall keep them separate from its property and from that of third parties and properly stored. If the Customer shall sell or otherwise dispose of the Goods, or any part thereof, it shall receive and hold the proceeds of such sale or disposal or any other monies derived from or representing the Goods, or any part thereof, including insurance proceeds, separate from any monies of the Customer or any third party and shall, as soon as possible after receiving same pay such monies to The Company.
4.4 The Company shall be entitled to sue for the Price once payment is due in terms of these Conditions notwithstanding that property in the Goods has not passed to the Customer.

5. Price and Payment
5.1 The Price shall be the price quoted by the Company or, where no price has been quoted the price listed in the Company's price list at the date of delivery of the Goods to the Customer plus VAT, where applicable and/or other applicable taxes or duties and shall be specified on the Invoice. Unless otherwise confirmed in writing to the Customer, quotations shall be valid from 30 days of the date on which they were given.
5.2 Prices and discounts published in catalogues, advertisements and mail shots by The Company shall be subject to change without prior notice.
5.3 The Invoice shall be given to the Customer on the date of delivery or as soon as is reasonable practicable thereafter.
5.4 The Price is due from the Customer on or before within fourteen days of Invoice date unless otherwise agreed in writing.
5.5 Goods may be supplied to the Customer on 'See Safe' terms in which case the Customer may return the Goods, at the Customer's expense, for a full refund of the Price provided only that the Goods are received back by The Company in mint resaleable condition.
5.6 It is hereby expressly stated that prompt payment of the Price is of the essence of the Contract and in default of payment The Company may at its discretion either suspend further deliveries of Goods or performance of services under the Contract or otherwise until payment is made or cancel the contract and subsequent Contracts insofar as Goods remain to be delivered or services performed thereunder.
5.7 If the Price is not paid in full by the due date the Customer shall reimburse The Company in full for all costs and expenses incurred by The Company in connection with the recovery of any money due to The Company under the Contract.
5.8 The Company shall apply any payments made by the Customer to The Company to such invoices, or Goods listed in Invoices, as The Company at its absolute discretion shall see fit.
5.9 Except with the express agreement of the Company in writing, no deduction shall be made by the Customer from any payment for Goods for or on account of any thing whatsoever including any set-off, counter-claim or taxes.

6. Cancellation of Subscriptions

Subscriptions may be cancelled at any time and thereafter renewal notices will not be issued for subsequent subscription periods. Refunds will not usually be made for the unexpired portion of current subscriptions already paid for except in unusual circumstances and then solely at The Company's discretion.

7. Warranties and Guarantee
7.1 The Company warrants that
7.1.1 It either has the right to sell the Goods to the Customer or that it has obtained all necessary rights to licence them and that the Customer's statutory rights to possession and title are preserved;
7.1.2 That the Goods shall correspond to their description as set out in the Company's promotional literature and advertisements unless the Customer is specifically advised to the contrary prior to the delivery of the Goods.
7.1.3 Where the Goods consist of or include services provided by The Company these services shall be provided with reasonable care and skill.
7.2 The Customer shall inspect the Goods immediately on delivery and within 14 days of delivery (time being of the essence of this Contract) shall give notice in writing to the Company of any alleged shortages in the Goods or any damage or defect in the Goods or any other reason by which the Customer believes the Goods not to be in accordance with the Contract. If the Customer fails to give such notice then the Goods shall be presumed to be in accordance with the Contract in all respects and, subject to clause 7.3 of this Contract, the Customer shall not be permitted thereafter to reject the Goods or claim from The Company in respect of shortage, damage or defect.
7.3 In respect of defect or damage in the Goods that was not apparent on reasonable inspection at the time of delivery of the Goods notice shall be given to The Company within 14 days of the discovery of such defect or damage. If requested by The Company such Goods shall then be returned promptly to The Company if The Company so requests.
7.4 In the event that the Goods are defective or damaged and the damage or defect is properly notified to The Company in accordance with clauses 7.2 or 7.3 above, then The Company guarantees to refund the Customer the full Price in respect of the defective Goods or to cancel the liability of the Customer to pay the said Price except that the Customer may opt instead to have the Goods repaired or replaced.

8. Limitation of Liability
8.1 Subject to clause 8.5 The Company's liability under this clause shall be to the exclusion of all other liability to the Customer whether in contract, tort, delict (including negligence or breach of statutory duty) or otherwise for defects in the Goods or for any loss or damage caused by the Goods and all other conditions, warranties or other statements whether express or implied, by statute, at common law or otherwise are expressly excluded.
8.2 In particular, except as set out in clause 8.1:
8.2.1 The Company makes no warranties regarding fitness for purpose, performance, use, nature or satisfactory quality of the Goods, whether express or implied, by statute, at common law or otherwise;
8.2.2 Reasonable care is taken to ensure the accuracy and completeness of the Goods and The Company makes no representation or warranty, express or implied, that the Goods are free from errors or omissions.
8.3 Subject only to clause 8.5, in no circumstances shall the Company be liable in contract, tort or delict (including negligence or breach of statutory duty) or otherwise for:
8.3.1 any increased costs or expenses, or
8.3.2 any loss of profit, business, contracts or revenues, or
8.3.3 any liability of the Customer to any third party, or
8.3.4 any indirect or consequential damage of any nature whatsoever arising directly or indirectly out of The Company providing the Goods to the Customer or any failure or defect therein or of the performance, non-performance or delayed performance of the Contract by The Company.
8.4 Subject to clause 8.5, the liability of The Company to the Customer in respect of the Contract shall be restricted to the Price.
8.5 Nothing in these conditions shall operate or be construed to operate to restrict or exclude:
8.5.1 the liability of The Company for death or personal injury resulting from the negligence of The Company or its servants, employees or agents; or
8.5.2 the statutory rights of the Customer where the Contract is entered into as a consumer transaction as defined by law.

9. Force majeure
The Company shall not be responsible for any delay or failure to fulfil its obligations under the Contract by reason of delay in delivery of the Goods or any part thereof caused by any Act of God, war, government restriction, import or export regulation, strike, lockout, trade dispute, fire, flooding or any other cause whatsoever beyond the control of The Company.

10. Indemnity
The Customer shall indemnify The Company in respect of all loss, damage or injury occurring to any person, firm company or property and against all actions, claims and demands in connection therewith for which The Company may become liable in respect of the Goods in the event that such loss, damage or injury shall have been occasioned by the negligence of the Customer.

11. Intellectual Property
11.1 All copyright and other intellectual property rights whatsoever in the Goods or any materials derived from the Goods are reserved to the copyright owner and the Customer irrevocably acknowledges and agrees that the supply of Goods to it by The Company shall not serve to transfer such rights.
11.2 No part of the Goods may be reproduced in any material form, including photocopying or storing in any medium by electronic means, without the written permission of The Company save as permitted by law or under the terms of a licence issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London, England W1P 9HE. Application for the copyright holder's permission to reproduce any part of the Goods shall be addressed to The Company.

12. Restrictions on Resale
The Goods are supplied to the Customer on the condition that they shall not by way of trade or otherwise be lent, resold, hired out or otherwise circulated in any form or binding other than that in which they were supplied without The Company's prior approval and without a condition similar to this condition being imposed on any subsequent purchaser.

13. Termination
13.1 In the event of the Customer committing any breach of these Conditions, going into liquidation, having a receiver, liquidator, judicial factor or similar officer appointed over the whole or any part of its assets, becoming bankrupt or apparently insolvent or entering into any arrangement with its creditors or circumstances arise which in the sole judgment of The Company render any of the foregoing likely to occur then The Company shall be entitled, without giving notice or any liability whatsoever, to terminate the Contract forthwith and to enter the Customer's premises for the protection, removal, realisation and disposal of any of the Goods in which property shall not have passed to the Customer in accordance with these Conditions. The Company shall also be entitled to cancel all Contracts or any outstanding parts thereof remaining unfulfilled between The Company and the Customer and to sell to any other party or otherwise dispose of the Goods.
13.2 Termination of the Contract shall not discharge any pre-existing liability of the Customer to The Company and on such termination The Company shall be entitled to recover from the Customer such loss or damage as The Company may have suffered by reason of such termination.

14. General
14.1 No failure or delay by The Company to exercise any right, remedy or privilege contained in these Conditions shall operate as a waiver of the same.
14.2 If any provision of these Conditions shall be held to be illegal or unenforceable in whole or in part under any enactment or rule of law, such term or provision shall be deemed not to for part of these Conditions but the validity and enforceability of the rest of these Conditions shall not be affected.
14.3 Any notice required to be given by The Company to the Customer or vice versa shall be in writing and in the case of notices to The Company shall be sent to The Company's registered address or such other address as may be intimated to The Company from time to time and in the case of notices to the Customer to the Customer's last known address. In the case of notices sent by first class post they shall be deemed to be delivered 3 working days after posting.
14.4 The amount of any sum due to The Company from the Customer shall be ascertained by a certificate under the hand of the Secretary or a Director of The Company and such certificate shall be final and binding on the Customer and, in the case of Contracts between The Company and customers in Scotland, The Company and the Customer consent to the registration of the Contract and any such certificate for preservation and execution.
14.5 The Company shall be entitled to change or amend these Conditions at any time at its entire discretion and such amended Conditions shall apply to future Contracts between The Company and the Customer.

15. Jurisdiction
These Conditions and any Contract of which they form part shall be governed in all respects by the Law of Scotland and The Company and the Customer hereby irrevocably commit to submit to the jurisdiction of the Scottish Courts.

Note: Trade Customers
The Company may at its sole discretion grant trade terms to booksellers and trade suppliers by prior arrangement. Application for the granting of trade terms should be made to The Company.

All our books may be ordered through Amazon at www.amazon.co.uk just click the appropriate button next to the publication's description. Alternatively trade orders and direct orders overseas should be placed through our distributors