Terms of Website Use
This page (together with the documents
referred to on it) tells you the terms of use on which you may make
use of our website (our "site"), whether as a guest or a registered
user. Please read these terms of use carefully before you start to
use the site. Using our site indicates that you accept these terms
regardless of whether or not you choose to register with us. If you
do not agree to these terms of use (or are not authorised to do so
on behalf of your business or work), please refrain from using our
site. If you use our site in the course of your business or work,
you are also agreeing to these terms and conditions on behalf of
that business. We only make these terms and conditions available in
the English language.
1. INFORMATION ABOUT US
This site is operated by Pearson
Australia Group Pty Ltd and its respective divisions (including
without limitation Penguin Group (Australia), Pearson Australia and
United Book Distributors) and related bodies corporate ("us", "we"
and "our"). We are registered in Victoria, Australia under
Australian Company Number 004 245 943 and with our registered
office at 707 Collins Street, Melbourne, Victoria, Australia, 3008.
Our ABN is 40004245943.
2. ACCESSING OUR SITE
You acknowledge that these terms of
website use are supported by reasonable and valuable consideration,
the receipt and adequacy of which is acknowledged. Without limiting
the generality of the foregoing, you acknowledge that such
consideration includes your use of the site and receipt of data,
materials and information available at or through our site. We
recommend that you print and save a copy of these terms and
conditions for your records.
You may access most areas of our site
without registering your details with us. Certain areas of the site
may only open to you if you register. From time to time, we may
restrict access to some parts of our site, or our entire site, to
users who have registered with us.
Access to our site is permitted on a
temporary basis, and we reserve the right to withdraw or amend the
service we provide on our site without notice. We may change or
delete the content or any features at any time, in any way, for any
or no reason. We will not be liable if for any reason our site is
unavailable at any time or for any period. We may in exceptional
circumstances cease to publish the site, the site content or cease
to provide subscription services. If we do so, then we will have no
further obligation to you. If the need arises, we may suspend
access to our site, or close it indefinitely. Any of the material
on our site may be out of date at any given time, and we are under
no obligation to update such material.
If you choose, or you are provided
with, a user identification code, password or any other piece of
information as part of our security procedures, you must treat such
information as confidential, and you must not disclose it to any
third party. We have the right to disable any user identification
code or password, whether chosen by you or allocated by us, at any
time, if in our opinion you have failed to comply with any of the
provisions of these terms of use.
You are responsible for making all
arrangements necessary for you to have access to our site. You are
also responsible for ensuring that all persons who access our site
through your internet connection are aware of these terms, and that
they comply with them.
3. INTELLECTUAL PROPERTY RIGHTS
All information, materials, functions
and other content contained on our site are our copyrighted
property or the copyrighted property of our licensors or licensees.
All such rights are reserved. All trademarks, service marks, trade
names, and trade dress are proprietary to us and/or our licensors
or licensees.
You may print off one copy, and may
download extracts, of any page(s) from our site for your personal
reference and you may draw the attention of others within your
organisation to material posted on our site.
You must not modify the paper or
digital copies of any materials you have printed off or downloaded
in any way, and you must not use any illustrations, photographs,
video or audio sequences or any graphics separately from any
accompanying text.
Our status (and that of any identified
contributors) as the authors of material on our site must always be
acknowledged.
You must not use any part of the
materials on our site for commercial purposes without obtaining a
licence to do so from us or our licensors.
If you print off, copy or download any
part of our site in breach of these terms of use, your right to use
our site will cease immediately and you must, at our option, return
or destroy any copies of the materials you have made.
Except as set out above no part of our
site may be reproduced or stored in any other website or included
in any public or private electronic retrieval system or service
without our prior written permission.
4. RELIANCE ON INFORMATION POSTED
Commentary and other materials posted
on our site are not intended to amount to advice on which reliance
should be placed. We therefore disclaim all liability and
responsibility arising from any reliance placed on such materials
by any visitor to our site, or by anyone who may be informed of any
of its contents.
5. USER GENERATED CONTENT
Our sites may include discussion forums
and blogs that allow interaction between users and between users
and our staff (we call these "Forums"). We call the information
posted to these forums or blogs by users "User Generated Content"
or "UGC".
If you wish to view or participate in a
Forum then you must comply with any specific rules posted on the
Forum. You will retain ownership of the copyright in any of your
UGC that you or we publish on our site so you are free to re-use it
as you wish. You agree that if you post UGC to a Forum then you are
granting us a right (but not an obligation) unlimited in time to
publish, re-use, archive, modify, delete or commercially exploit
that UGC in whole or in part as we see fit, whether on our site or
otherwise, without any requirement to pay you for this and with or
without attribution to you. This means that you grant us a
worldwide, non-exclusive, perpetual, irrevocable, royalty-free
licence to use any UGC you publish in whole or in part in any
manner and for any purpose whatsoever and without further
obligation to you. You also waive any moral rights that you may
have in regard to the UGC.
You are responsible for all the content
of any of your UGC that you or we publish. You are financially
responsible to us for any claim against us by any third party that
your UGC is not in accordance with the bullet points below or that
otherwise relates to your UGC.
You agree that you will:
- only publish UGC that is your original
content and will not infringe the copyright or other rights of any
third party when publishing UGC.
- not post, link to or otherwise publish
any UGC containing any form of advertising or promotion for goods
and services or any spam or other form of unsolicited
communication.
- not post, link to or otherwise publish
any UGC with recommendations to buy or not buy a particular share
or other investment or which contain confidential information of
another party or which otherwise have the purpose of affecting the
price or value of any share or other investment.
- not post, link to or otherwise publish
any UGC that is threatening, abusive, libelous, indecent or
otherwise unlawful.
- not disguise the origin of any UGC and
not impersonate any person or entity (including our employees or
Forum guests or hosts) or misrepresent any connection with any
person or entity.
- not post or otherwise publish any UGC
unrelated to the Forum or the Forum's topic.
- not post or transmit any UGC that
contains software viruses, files or code designed to interrupt,
destroy or limit the functionality of our site or any computer
software or equipment.
- not collect or store other users'
personal data.
- not restrict or inhibit any other user
from using the Forums.
The Forums contain UGC submitted by
users over whom we have no control so we cannot therefore guarantee
the accuracy, integrity or quality of any UGC. Some users may not
behave properly and may post UGC that is misleading, untrue or
offensive.
It is not possible for us to fully
monitor all UGC published on our sites but where we have actually
received notice of any UGC that is potentially misleading, untrue,
offensive, unlawful, infringes third party rights or is potentially
in breach of these terms and conditions, then we will review that
UGC, decide whether to remove it from our site and act accordingly.
If you believe that any UGC published on our site infringes any
legal rights that you may have or is not allowed under these terms
and conditions, please notify us immediately with specific details
by contacting us at privacy.officer@pearson.com.au.
6. OUR LIABILITY
The material displayed on our site is
provided without any guarantees, conditions or warranties as to its
accuracy. To the fullest extent permitted by law, we, other members
of our group of companies and third parties connected to us hereby
expressly exclude:
- All conditions, warranties and other
terms which might otherwise be implied by statute, common law or
the law of equity.
- Any liability for any direct, indirect
or consequential loss or damage incurred by any user in connection
with our site or in connection with the use, inability to use, or
results of the use of our site, any websites linked to it and any
materials posted on it, including, without limitation any liability
for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
for any other loss or damage of any kind, however arising and
whether caused by tort (including negligence), breach of contract
or otherwise, even if foreseeable, provided that this condition
shall not prevent claims for loss of or damage to your tangible
property or any other claims for direct financial loss that are not
excluded by any of the categories set out above.
To the extent permitted by applicable
law, you agree that any cause of action you may have arising out of
or related to these terms of website use or of our sites must
commence within one (1) year after the cause of action accrues;
otherwise, such cause of action shall be permanently barred.
7. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR
SITE
We process information about you in
accordance with our privacy policy. By using our site, you consent
to such processing and you warrant that all data provided by you is
accurate.
On registration, you must provide us
with accurate, complete registration information and it is your
responsibility to update and maintain changes to that information
on the applicable registration or subscription pages. We are
entitled to rely on any information you provide to us.
You are responsible for all use of our
site made by you or anyone else using your ID and for preventing
unauthorised use of your ID. If you believe there has been any
breach of security such as the disclosure, theft or unauthorised
use of your ID or any payment information, you must notify us
immediately. We recommend that you do not select an obvious user
password (such as your name) and that you change it regularly.
If you provide us with an email address
that will result in any messages we may send you being sent to you
via a network or device operated or owned by a third party (e.g.
your employer or college) then you warrant that you are entitled to
receive those messages. You also agree that we may stop sending
messages to you without notifying you.
8. TRANSACTIONS CONCLUDED THROUGH OUR
SITE
Contracts for the supply of goods or
services formed through our site or as a result of visits made by
you are governed by our terms and conditions of supply.
9. VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by
knowingly introducing viruses, trojans, worms, logic bombs or other
material which is malicious or technologically harmful. You must
not attempt to gain unauthorised access to our site, the server on
which our site is stored or any server, computer or database
connected to our site. You must not attack our site via a
denial-of-service attack or a distributed denial-of service
attack.
By breaching this provision, you would
commit a criminal offence. We will report any such breach to the
relevant law enforcement authorities and we will co-operate with
those authorities by disclosing your identity to them. In the event
of such a breach, your right to use our site will cease
immediately.
We will not be liable for any loss or
damage caused by a distributed denial-of-service attack, viruses or
other technologically harmful material that may infect your
computer equipment, computer programs, data or other proprietary
material due to your use of our site or to your downloading of any
material posted on it, or on any website linked to it.
10. LINKS
You may link to our site, provided you
do so in a way that is fair and legal and does not damage our
reputation or take advantage of it, but you must not establish a
link in such a way as to suggest any form of association, approval
or endorsement on our part where none exists.
Our site must not be framed on any
other site. We reserve the right to withdraw linking permission
without notice. Where our site contains links to other sites and
resources provided by third parties, these links are provided for
your information only. We have no control over the contents of
those sites or resources, and accept no responsibility for them or
for any loss or damage that may arise from your use of them.
11. JURISDICTION AND APPLICABLE LAW
These terms of use and any dispute or
claim arising out of or in connection with them or their subject
matter or formation (including non-contractual disputes or claims)
shall be governed by the law of the State of Victoria, Australia.
Any dispute or claim shall be subject to the non-exclusive
jurisdiction of the courts of Victoria although we retain the right
to bring proceedings against you for breach of these conditions in
your country of residence or any other relevant country. We make no
representation that the site or the content on the site is
appropriate or available for use in any particular location. If you
choose to access our site you do so your own initiative and you are
responsible for compliance with all applicable laws including any
applicable local laws.
12. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible
for any failure to perform, or delay in performance of, any of our
obligations under a Contract that is caused by events outside our
reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act,
event, non-happening, omission or accident beyond our reasonable
control and includes in particular (without limitation) the
following:
- Strikes, lock-outs or other industrial
action.
- Civil commotion, riot, invasion,
terrorist attack or threat of terrorist attack, war (whether
declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood,
earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways,
shipping, aircraft, motor transport or other means of public or
private transport.
- Impossibility of the use of public or
private telecommunications networks. The acts, decrees,
legislation, regulations or restrictions of any government.
Our performance is deemed to be
suspended for the period that the Force Majeure Event continues,
and we will have an extension of time for performance for the
duration of that period. We will use our reasonable endeavours to
bring the Force Majeure Event to a close or to find a solution by
which our obligations under the Contract may be performed despite
the Force Majeure Event.
13. WRITTEN COMMUNICATIONS AND NOTICES
Applicable laws require that some of
the information or communications we send to you should be in
writing. When using our site, you accept that communication with us
will be mainly electronic. We will contact you by e-mail or provide
you with information by posting notices on our website. For
contractual purposes, you agree to this electronic means of
communication and you acknowledge that all contracts, notices,
information and other communications that we provide to you
electronically comply with any legal requirement that such
communications be in writing. This condition does not affect your
statutory rights.
All notices given by you to us must be
in writing and addressed to The Legal Counsel, Pearson Australia
Group Pty Ltd at 707 Collins Street, Melbourne, Victoria,
Australia, 3008. A notice required to be given to us under these
Terms of Website Use shall not be validly given if sent by e-mail.
We may give notice to you at either the e-mail or postal address
you provided us.
14. GENERAL PROVISIONS
Variations: We may
revise these terms of use at any time by amending this page. You
are expected to check this page from time to time to take notice of
any changes we made, as they are binding on you. Some of the
provisions contained in these terms of use may also be superseded
by provisions or notices published elsewhere on our site.
Severability: If any of these terms and conditions are determined
by any competent authority to be invalid, unlawful or unenforceable
to any extent, such term, condition or provision will to that
extent be severed from the remaining terms, conditions and
provisions which will continue to be valid to the fullest extent
permitted by law.
Waiver: If we fail to
insist upon strict performance of any of your obligations under any
of these terms and conditions, or if we fail to exercise any of the
rights or remedies to which we are entitled, this shall not
constitute a waiver of such rights or remedies and shall not
relieve you from compliance with such obligations. A waiver by us
of any default shall not constitute a waiver of any subsequent
default. No waiver by us of any of these terms and conditions shall
be effective unless it is expressly stated to be a waiver and is
communicated to you in writing.
Interpretation:
Headings in these conditions shall not affect their interpretation.
A reference to a statute or statutory provision is a reference to
it as it is in force for the time being, taking account of any
amendment, extension, or re-enactment and includes any subordinate
legislation for the time being in force made under it.
Changes to Terms of Website
Use: These terms and conditions were published on 10 March
2010.