Terms & Conditions
TILDE PUBLISHING AND DISTRIBUTION PTY LTD (ABN 46 144 132 981)
Tilde Publishing And Distribution Pty Ltd (Tilde) publishes books and other titles including literary and commercial fiction, general non fiction, academic and professional. TILDE is also the Australian and New Zealand agent for a number of international publishers and runs the Faber Academy, which offers a range of writing courses.
These Terms relate to the TILDE website at www.tilde.com.au. The Websites are operated by TILDE and provide users with information and services relating to the business activities of TILDE and its related entities.
You are only authorised to access or use the Websites if you accept and agree to these Terms. Your continued use of the Websites is acceptance of, and agreement to be bound by, these Terms, and any modifications to them. TILDE has the right to exclude (in its sole discretion) any users from accessing the Websites if they are found to be in breach of these Terms. In these Terms, content means any kind of material, including text, images, sound and information in any form.
TILDE has the right to modify these Terms from time to time and any such modification will be effective upon posting of the revised Terms on the Websites.
- Limitations of liability and indemnity
TILDE is not responsible for the conduct, whether online or offline, of any user of the Website. TILDE does not warrant, and cannot guarantee, that:
- you will be able to access the Websites at all times;
- your access to the Websites will be uninterrupted or secure;
- content found on the Websites will be reliable, current, accurate or complete; or
- the Websites or server are free of viruses or bugs.
TILDE does not warrant and, to the maximum extent permitted by law, excludes all liability for loss, damage, cost or expense of any kind (however caused, including by negligence) arising from or relating in any way to the Websites, including any errors or inaccuracies on the Websites, inability to access the Websites, technical failures, delays in operation or transmission or malfunctions in equipment or software or injury or damage to your computer, equipment or other property related to or resulting from access to or use of the Websites.
To the maximum extent permitted by law:
- all implied warranties relating to the content on the Websites is excluded, including implied warranties of merchantability, fitness for purpose or non-infringement; and
- TILDE's liability for breach of any implied warranties, conditions or undertakings which cannot be excluded is limited, at TILDE's option, to: (i) in the case of goods supplied or offered by
TILDE, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and (ii) in the case of services supplied or offered by TILDE: the supply of the services again or the payment of the cost of having the services supplied again.
In no event will TILDE be liable to you or any third party for any indirect, consequential, punitive, exemplary or incidental losses or damage, including lost profits, arising from your use of the Websites, or your reliance on any content found on the Websites.
You indemnify TILDE and its related entities and their officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where the loss or liability arises out of, in connection with or in respect of any breach of these Terms by you, or from the entering or posting of content on the Websites by you.
- Social media
The Websites contain links to social media sites relating to TILDE (including but not limited to the TILDE Facebook pages, Twitter feeds and Pinterest pages) (Social Media Sites). Your use of the Social Media Sites is subject to each platform's terms and conditions and, in accessing a Social Media Site, you consent and agree to be bound by its terms and conditions.
- Content on the Websites
All content contained on the Websites, and the design of the Websites, is protected by copyright (covering all kinds of works including text, images and audiovisual works), and may only be reproduced on the following basis.
- Book descriptions, book cover images, the logos and author photosmay be reproduced by the media (including bloggers), the book trade and libraries for the purpose of review and promotion without any need to clear permission on the following conditions only:
- book cover images and author photos must not be modified in any way, except for resizing;
- the logos must not be modified in any way, except for resizing;
- any reproductions of book descriptions or book cover images must be accompanied by a reference to the book title and author name; and
- where a photographer credit appears for an author photograph, any reproduction of that photograph must include a credit line for the photographer with the same wording.
Except for the limited permissions in (a) to (c) above, and except for making a temporary copy of all or part of the Websites for the sole purpose of viewing them, or printing a copy for your personal reference, you cannot copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or reproduce any content appearing on any of the Websites in whole or part without the express approval of TILDE. All intellectual property rights in the content made available through the Websites, and the design of the Websites, is to be regarded as belonging to TILDE, unless expressly stated otherwise.
Trade marks (including logos) may be displayed on the Websites from time to time and cannot be used without the express approval of the relevant owner.
By entering or posting any content on the Websites, you grant to TILDE and its related entities a perpetual, irrevocable, non-exclusive, worldwide, royalty free licence to use and reproduce the content to the extent necessary for TILDE to exercise its reasonable business purposes. When you enter or post content, you warrant that you have all necessary rights, including copyright, in that content.
You will have sole responsibility for keeping your account sign in email address and password, and will be solely responsible for any activity under that sign in and password. You must immediately notify us of any breach of security, including unauthorised use of your password or account. TILDE will not be liable for any loss or damage arising from your failure to comply with this provision.
- Links to other websites
The Websites contains links to other websites that are external to TILDE. Reasonable care is taken in linking to other websites, but TILDE has no direct control over the content of the linked websites and is not responsible for such content. Linking to any third party website on the Websites does not imply approval or endorsement of the linked website by TILDE.
- Shopping cart
Please see the 'Shopping Terms & Conditions' page of our website.
- Governing law
This contract between you and TILDE is governed by and must be construed in accordance with the laws of New South Wales. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria and all courts that have jurisdiction to hear appeals from those courts and waives any right to object to proceedings being brought in those courts for any reason.
- Reporting misuse