Terms & Conditions
These Terms and Conditions are the terms and conditions on which the eBooks service is made available to you.
These Terms and Conditions govern your use of eBooks. By using, visiting, or browsing the eBooks, you accept and agree to be bound by these eBooks specific terms ("eBooks User Terms").
You will be deemed to have accepted these terms and conditions when you use any part of the eBooks.
1. DEFINITION OF EBOOKS BY PASCAL PRESS
The Pascal Press ecommerce website (www.pascalpress.com.au) (the "Service") will allow you to avail of certain Applications and Content (which includes eBooks, comments, reviews, questions, suggestions, ideas, answers, images and other material) that are available from the App Stores for use on compatible mobile devices pursuant to these eBooks User Terms. Applications and Content are described as the "Products".
2. PURCHASE AND PAYMENTS POLICY
You agree that all orders placed shall be legally valid and binding on you. A purchase shall mean that you buy the product via the Pascal Press website www.pascalpress.com.au and will be bound to the Pascal Press General Terms and Conditions. You will not be able to cancel your order once you have selected “download” and you acknowledge that the nature of the Service and these Products is such that they cannot be returned. The device must be switched on at all times during the whole transmission and delivery.
Once you order a download through the Pascal Press website or other means as may be permitted from time to time, Pascal Press will either be entitled to deduct payment for the Application or use of the Service or alternatively, as may be agreed on a case by case basis, payment may be on account.
You agree that you will pay for all products you purchase through the Pascal Press website www.pascalpress.com.au for download on the eBooks (howsoever ordered) and that Pascal Press may charge your Account for any products purchased and for any additional amounts (including any taxes) that may be accrued by or in connection with your Account. You are responsible for providing Pascal Press with correct details for payment.
All sales are final. The prices for products offered via eBooks may change at any time, and Pascal Press will not provide price protection or refunds in the event of a price reduction or promotional offering.
If technical problems prevent or unreasonably delay delivery of your products, you will be entitled to reload the Application. If a product becomes unavailable following a transaction but prior to download, or you experience other difficulties in relation to the purchasing of Applications or using the Service, you will be entitled to contact Pascal Press eBooks Customer Support (firstname.lastname@example.org) who will deal with your complaint.
3. REQUIREMENTS FOR USE OF THE SERVICE
eBooks are available to individuals only for personal non-commercial use. Not all mobile devices will be supported by eBooks. Users of eBooks require compatible devices, internet access, and certain software. Smart phones and high speed internet access are strongly recommended for regular use. You agree that these requirements may change from time to time and are your responsibility. eBooks are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
4. YOUR ACCOUNT
As a registered user of eBooks, you may establish an Account. You are responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account. You agree to immediately notify Pascal Press of any security breach of your Account. Pascal Press shall not be responsible for any losses arising out of any unauthorised use of your Account.
5. USE OF THE SERVICE
Products may only be downloaded for use by a single user. Once a Product is downloaded, it is your responsibility not to lose, damage or destroy it and Pascal Press shall not be liable to you if you do so. If lost for any reason, Pascal Press will, at its sole discretion, attempt to recover the Products.
Your use of eBooks indicate the ability by you to enter into agreements and/or to make transactions electronically. Any transactions entered into by you as part of eBooks are subject to these User Terms and any applicable end user agreements that apply to any Products available on eBooks. You agree that your use of the Service constitutes your acceptance to use the Service in accordance with these User Terms.
Any other use of the Service or Products may constitute a copyright infringement or other violation of intellectual property rights by you. You acknowledge that Product types and descriptions are provided as a convenience and you agree that Pascal Press does not guarantee their accuracy. The delivery of Products does not transfer to you any commercial or promotional use rights to the Products. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant, or other limitation of any rights of the copyright owners. You agree that the Service and certain Products include security technology that limits your use of Products and that, whether or not Products are limited by security technology, you shall use Products in compliance with the applicable usage rules established by Pascal Press and that any other use of the Products may constitute a copyright infringement by you.
If Pascal Press changes any part of or discontinues the Service, which Pascal Press may do at any time and without notice, you acknowledge that you may not be able to use Products to the same extent as prior to such change or discontinuation, and that Pascal Press shall have no liability to you in such circumstances.
6. LICENCE OF CONTENT
All Content made available through eBooks is licensed, not sold to you as an end user customer, and is limited to private installation only. You agree that your use of the Content constitutes your acceptance to use such Content in accordance with these eBooks User Terms. Any other use of the Content may constitute a copyright infringement or other violation of intellectual property rights by you.
You acknowledge that certain Applications and Content may contain security technology that limits your usage of that Content. You agree not to attempt to, or assist any other person to, circumvent or modify any security technology or software that is part of the Service or included in any of the Applications or Content. Any other use of the Applications or Content may constitute a copyright infringement by you.
7. DATA PROTECTION – USE OF INFORMATION NOTICE
This Use of Information Notice outlines the manner in which your personal information, which you provide to Pascal Press, whether through the mobile Application, the www.pascalpress.com.au website, or otherwise will be used.
Pascal Press may process the information and data relating to you, (including behavioural and Location Data where you have provided consent) (your "Data") which is collected under this Agreement and through your dealings with us (e.g. using this Service etc.) or otherwise for the purposes of performing its obligations under this Agreement and for administration, account management, processing your payments and orders, customer profiling, market research, services and product development, marketing, customer care and other legitimate business purposes. Pascal Press may disclose your Data to its agents, partners, dealers and service providers for these purposes.
Applications that request personal data such as your location information are available. Where you purchase and download such an application, any data that you make available through such an application is not made available or directly passed to Pascal Press. As such, separate and distinct terms and privacy policies may apply. You should pay special attention to these and be aware of these requirements before interacting with such services.
8. SUBMISSIONS BY USERS TO THE SERVICE
As a user of eBooks you will be able to rate the Applications and Content available as part of the Service, in doing this you must not submit or seek to submit any Content that does not comply with the Pascal Press General Terms.
In addition, you must not submit any Content to eBooks which is deemed by Pascal Press (at its sole discretion) to be:
- In breach of any law or encourage a contravention of any law;
- Racist, sexist or homophobic;
- Pornographic, obscene, profane, vulgar, or contains swearing (including words which use * or any other symbol instead of a letter contained in a word);
- Defamatory of any person, entity or organisation whether directly or by implication;
- Abusive, threatening or otherwise likely to be harmful to those persons that use or are likely to use the eBooks;
- Otherwise offensive;
- Infringing on the rights (including but not limited to the intellectual property rights) of any person; relating to the conduct of a business;
- Advertising, or soliciting business whether directly or indirectly;
- Infringing on the privacy of an individual or company, including (but not limited to) posting location and/or contact details of another person;
- Encouraging, promoting or facilitating, or in any way whatsoever relating to the illegal use of software;
- Encouraging, promoting or facilitating, or in any way whatsoever relating to the illegal breach of these Terms and Conditions.
9. INTELLECTUAL PROPERTY
You agree that the Products provided as part of the Service and, including but not limited to, the software used to implement the Service, contains proprietary information and material that is owned by Pascal Press and/or its licensors. This is protected by all applicable intellectual property rights and other laws, including but not limited to copyright. You agree that you will not use such proprietary information in anyway other than for use of the Service in accordance with these eBooks User Terms. No part of eBooks may be reproduced in any form or by any means, except as expressly permitted in these User Terms. You agree not to use the Service in any unauthorised way including, but not limited to, by trespass or burdening network capacity.
We reserve the right to change, suspend, remove, or disable access to any Products, Content, or other materials comprising a part of the Service at any time and without notice. Pascal Press may also impose limits on the use of or access to certain features of the Service, in no event will Pascal Press be liable for making these changes.
All copyrights in and to eBooks and any related software are owned by Pascal Press and/or its licensors, who reserve all their rights in law and equity. The use of eBooks or any of the software that forms part of the Service in any way other than as permitted by these User Terms is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and/or criminal penalties for copyright infringement.
The Pascal Press logo and trademarks, graphics and logos used in connection with the Service are registered trademarks of Pascal Press. Other trademarks, service marks, graphics, cover art and logos used in connection with eBooks may be the trademarks of their respective owners. You acknowledge that you are not granted any right or license in any of these trademarks and any use of such trademarks.
If you fail, or Pascal Press suspects that you have failed, to comply with any of the provisions of these User Terms, Pascal Press in its sole discretion and without notice to you may terminate your Account. In the event of your Account being terminated, you will remain liable for all amounts due under your Account up to and including the date of termination. You may also be precluded from accessing the Service (or any part thereof).
11. LIMITATION OF LIABILITY
Pascal Press reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you and Pascal Press will not be liable to you or to any third party in such instances. In no event, and to the maximum extent permitted by law, shall Pascal Press or any of its employees or licensors, be liable for any loss of profits, revenue, sales, data, or for any other special, direct, indirect, or consequential damages arising out of use of the Service, whether arising under contract, tort, or negligence, even if Pascal Press or its licensors are advised of the possibility of such damages. Nothing contained in these User Terms shall restrict or limit your statutory rights as a consumer. Nothing contained in these eBooks User Terms limits Pascal Press' liability to you for any liability which cannot be limited or restricted by law.
All notices should be delivered to: Pascal Press Publishing, 655 Parramatta Road Leichhardt NSW 2040.
We reserve the right to review and revise these eBooks User Terms from time to time without giving you prior notice and by using eBooks after any revision of our User Terms, you agree to be bound by the changes we’ve made.
Copyright Agency Limited payments preserved
Pascal Press grants the Authorised User a licence to use the Product for educational purposes on the terms set out in this Summary and the Terms and Conditions.
Publisher: Pascal Press
Authorised User: The purchaser - an individual person, individual teacher, corporate entity, school, educational institution or similar organisation.
Product: Books, eBooks + Free-to-Download Resources
Who can use the Product?
The Product may only be used by the Authorised User, and the Authorised User’s students, but only in conjunction with classes taken by the Authorised User.
Where can the Product be Used?
The Product can be used or accessed anywhere.
How can the Product be used?
The Authorised User may:
- View and interact with the Product
- Copy the Product to back up or install it
- Display the Product on an interactive whiteboard or through a projector to the Authorised User’s own students
- View and interact with the Product
For clarity, except as provided above, this licence does not authorise the Authorised User to:
- Modify the Product
- Make other copies of the Product, including printed copies, over and above Copyright Agency Limited’s payments preserved Terms and Conditions (see below for full details)
- Copy the Product onto any computer network (including any Learning Management System or portal site)
- Incorporate parts of the Product into other presentations or onto other devices for distribution
- Make the product available to others
- Use the Product or parts of the Product in any presentation outside of the Authorised User’s own classes within their own educational institution
- Copy the Product into a different format than that provided
Copyright Agency Limited payments preserved
TERMS & CONDITIONS
Copyright Agency Limited & the Educational Institutions Statutory Licence
The Authorised User may be able to rely on provisions in the Copyright Act 1968 (Cth) to use this Product in some of the ways provided for under the Act. For example, under the Educational Institutions Statutory Licence, a person may use a “reasonable portion” of a textual work for educational purposes, and all of an image (such as an illustration or photo).
This licence does not extend to any use that is permitted by the Copyright Act 1968 (Cth). This licence does grant such additional rights as are necessary for the Authorised User to use this Product in any of the ways listed in these Terms and Conditions.
Amongst other things, this means you will need to ensure that copying or communication of the materials in this Product are included in any survey or other record forms provided to Copyright Agency Limited, and the Publisher or other rights holder may be entitled to receive income for such use, to the extent that that use is covered by the Act and not this licence. The amount of the Fee takes this into account and does not include a component for uses covered by the Act.
These terms and conditions constitute the entire terms and conditions with respect to this Product and the use of this Product, and supersede any other agreement, representation or licence.
If any provision of this licence is held to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of this licence, and the remainder of this licence shall continue in full force and effect.
The Publisher may terminate this licence on 14 days notice if any of the terms are breached.
Limitation of liability
To the maximum extent permitted by law, save for the express written terms in this Agreement, all express or implied terms, conditions, warranties, statements, assurances and representations in relation to the Product or arising from these terms and conditions are expressly excluded.
If any of the exclusions or limitations set out in this clause are declared illegal or void or if there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these terms and conditions, then, to the extent permitted by law, our entire liability and your exclusive remedy is limited to, at our discretion, the replacement of the goods or the supply of equivalent goods.
In no event will the Publisher, including its agents, employees or contractors, be liable for any direct, indirect or consequential loss (even if the Publisher is or was aware of the possibility of such loss or if such loss was otherwise foreseeable), including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption, however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of any performance or non-performance of the Product or of the Publisher.
To the maximum extent permitted by law, the Publisher’s maximum cumulative liability under these terms and conditions shall not exceed an amount greater than the amount the Authorised User paid for the Product.
Choice of law and jurisdiction
The construction, validity and performance of these terms and conditions are governed in all respects by the law of NSW and the parties unconditionally submit to the jurisdiction of the courts of NSW.