Terms of Use

Please take the time to carefully review the Terms of Use below.

1. About This Website
1: This website is owned and operated by Mercier Publications (ABN 89 142 469 056 | ACN 142 469 056) under the domain name of www.mercierpublications.com ("the Website").

2. Acceptance of Terms
2.1: Your access to and use of the Website and any services referred to in Clause 3, if and when applicable, is governed exclusively by these Terms of Use and our Privacy Policy. You will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. By using the Website, you are fully accepting the terms, conditions and disclaimers contained within these Terms of Use. Hence, if you do not accept these Terms of Use, you must immediately terminate your use of the Website.
2.2: We reserve the right to update, vary or amend these Terms of Use at any time, and your continued use of the Website following any such changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to regularly check the Terms of Use for any changes.

3. The Services
3: Mercier Publications may provide communication tools - such as email, bulletin boards, eNewsletters, chat areas, news groups, forums and/or other message or communication facilities ("Services") - that are designed to enable you to communicate with others. Unless stated otherwise, the Services are only for your personal and non-commercial use, with all content remaining the intellectual property of Mercier Publications.

4. Privacy Policy
4.1: We are committed to responsible data management and subscribe to the principles within the relevant privacy legislation in Australia. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you use any of the "Contact Us" forms, you will only be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for the purpose of providing you with a response to the specified query or request.
4.2: We may also use a technology called "cookies" as part of our normal business procedure to track patterns of behaviour of visitors to the Website. A cookie is an element of data that the Website sends to your browser, and this is then stored on your system. You can set your browser to prevent this from happening. Any information that is collected in this way can be used to identify you unless you change your browser settings. For more information, please review our Privacy Policy.

5. Acceptable Use
5: In using the Website, you agree:
  (a)  Not to use the Website or Services contrary to these Terms of Use; and
  (b)  To be bound by the relevant laws and regulations concerning the transmission of any emails.

6. Links to Third Party Websites
6: The Website and Services may include links to third-party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites, and you acknowledge and agree that Mercier Publications is not responsible for the content or availability of any such third-party websites.

7. Intellectual Property Rights
7.1: The Website and Services together with their respective content (including without limitation, the Website and Services, design, text, graphics and all software and source codes connected with the Website and Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. Copyright to the content on this Website is owned by Mercier Publications, unless otherwise indicated.
7.2: Except where necessary for viewing the content of this Website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no content of this Website may be reproduced, adapted, uploaded to a third party, framed, performed in public, distributed or transmitted in any form and by any process without the prior written consent of Mercier Publications.

8. Indemnity and Liability
8.1: You agree to indemnify Mercier Publications from and against any breach by you of these Terms of Use, and any claim or demand brought against Mercier Publications by any third party arising out of your use of any content submitted, posted or transmitted through the Services, including but without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Mercier Publications in consequence of your breach of these Terms of Use.
8.2: By using the Website and Services, you acknowledge, understand and agree that, should Mercier Publications suffer any loss or damage whatsoever in connection with your breach of these Terms of Use or any other legal obligation by you or your use of or conduct on the Website, you will fully indemnify Mercier Publications.

9. Disclaimers and Limitation of Liability
9.1: Use of the Website is at your own risk. The Website and Services are provided on an "as is" and "as available" basis without any representation or endorsement made and without warranty of any kind, whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
9.2: To the extent permitted by law, Mercier Publications will not be liable for any indirect or consequential loss or damage whatsoever (including but without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website or Services.
9.3: Mercier Publications makes no warranty that the Website will meet your requirements, that the content of the Website will be accurate or reliable, that the functionality of the Website will be uninterrupted or error-free, that defects will be corrected or that the Website or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
9.4: Nothing in these Terms of Use shall be construed so as to exclude or limit the liability of Mercier Publications for death or personal injury as a result of the negligence of Mercier Publications.
9.5: Nothing in these Terms of Use shall affect your statutory rights as a user of this Website and Services.

10. Severance
10: If any of these Terms of Use should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then such term or condition shall be severed and the remaining terms of the Terms of Use shall survive and remain in full force and effect, and continue to be binding and enforceable.

11. Governing Law
11: These Terms of Use shall be governed by and construed in accordance with the laws of the State of Queensland, Australia and you hereby submit to the exclusive jurisdiction of the State of Queensland courts.

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