General Terms and Conditions
Please read the following General Terms and Conditions (“T&C”) carefully as the provisions contained herein govern your access and use of the Website.
IF YOU ARE A MINOR FOR THE PURPOSES OF THE JURISDICTION WITHIN WHICH YOU RESIDE (USUALLY 18 YEARS OF AGE), YOU MUST HAVE PERMISSION FROM YOUR PARENT OR LEGAL GUARDIAN TO ACCESS AND USE THIS WEBSITE.
In addition to these General Terms and Conditions, the terms and conditions of purchase of any products made through or in connection with the Website are governed by the Provider’s Terms of Purchase, the provisions of which are hereby incorporated into these General Terms and Conditions by this reference.
The Website is owned and operated by Teaching Shop Pty Ltd (ACN 142 863 134) and/or its associates, related parties, successors and assigns (collectively referred to as “Provider”, “us”, “we” or “our”).
any persons viewing or otherwise accessing the Website (“Visitor”);
any persons becoming a “Registered User” of the Website, meaning any persons:
registering as a purchaser, or purchasing through or in connection with the Website (“Purchaser”); or
in any other way supplying personal information (including name and email address) to the Provider through or in connection with the Website; and
any persons who is a parent or legal guardian of a child or student aged below 18 (“Minor”) wishing to access or use the Website, and who is agreeing to the T&C in his or her capacity as parent or legal guardian (“Guardian”).
All such categories of users collectively referred to as “Users”, “you” or “your”).
By becoming a User, you hereby acknowledge and agree to be bound by the T&C. This version represents the most current version of the T&C.
In consideration of your becoming a User, you represent and warrant that:
you are 18 years of age or older;
you have the capacity to form a binding contract;
you are not a person barred from accessing or using the Website under the governing laws of the T&C; and
your access or use of the Website does not violate any applicable law or regulation.
3. Purpose Of The Website
The purpose of the Website is to allow students, parents, teachers, schools, colleges, universities and other teaching institutions and other consumers the opportunity to view, browse, search and purchase teaching materials, educational software, recreational books and general literature (“Products”) from the Website.
4. Description Of The Website
The Website offers for sale, or promotes, the following categories of Products:
electronic books (“eBooks”), including:
fiction and non-fiction books; and
various other types and categories of eBooks;
audiobooks (“Audiobooks”); and
video tutorials (“Tutorials”).
Additionally, the Website provides the following information, materials and content (hereinafter collectively referred to as “Content”):
Licensor Content: Content supplied by the publisher, author, creator, developer or licensor of the Products or advertisers or affiliates displaying Content, including URL links to their websites (collectively, “Licensor”), which may include all or some of the following information:
description of the Product including:
- Product title, ISBN and any other unique identifiers of the Product;
- summary of the Product contents;
- where applicable, the Product’s function, purpose or operation;
- any other information of the Product supplied to the Provider by the Licensor at the Licensor’s discretion, including:
excerpt, sample or trial version of the Product;
content page of the Product; and
appropriate images of the Product.
licence information and restrictions on the Product and Product distribution (“Licence Restrictions”);
product file formats supplied to the Provider by the Licensor; and
software or hardware compatibility requirements in respect of the Product (“Compatibility Requirements”).
Provider Content: Content compiled by the Provider as follows:
purchase price for each Product (“Purchase Price”);
downloading or installation information for each Product
information contained in the Provider’s online newsletter;
articles, comments and posts made through or in connection with the Provider’s blog; and
other information, announcements and updates posted on the Website, or communicated to you by the Provider from time to time;
User Content: Content provided by other Users as follows:
reviews and ratings submitted or posted on the Website in respect of a Product; and
comments submitted or posted on the Provider’s online newsletter or blog.
The Content may further include other Provider communications such as service announcements and administrative messages communicated to Registered Users and are considered part of the terms of registration of the Website.
Unless explicitly stated otherwise, any new Product, Content, services, features or applications offered or made available from time to time by the Provider through or in connection with the Website shall be subject to the T&C.
5. Website Access And Use
In accessing and using the Website, you expressly acknowledge and agree that:
the Website is offered, supplied and provided on an "as-is" and “as available” basis, and the Provider assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any User communications or personalised settings.
you understand that the Website may include software embodied therein now or in the future (“Software”) as well as security components that permit digital materials to be protected, and that your access of the Website is subject to Software usage rules set by the Provider and/or its Licensors. The Provider makes no warranty that any errors in the Software will be corrected;
you are responsible for obtaining access to the Website and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees and in addition, you must provide and are responsible for all equipment necessary to access the Website;
you may not:
obscure or misrepresent your geographical location;
access data not intended for you, including logging into a server or account which you are not authorised to access;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or data transmitted through the Website;
disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;
interfere with or disrupt the Website or servers or networks connected to the Website or disobey any requirements, procedures, policies or regulations of networks connected thereof;
take any action that places an unusually large load on the infrastructure of the Website, or bandwidth connecting to the Website, or take any action that includes the use of any data accumulation, tool, robot or spider to compile, disseminate, extract, process, monitor or copy any web pages;
conducting a reverse look-up, tracing or seeking to trace any information on any other User or visitor to the Website;
intentionally or unintentionally violate any applicable local, state, national or international law; and
attempt to override or circumvent any of the usage rules embedded into the Software or those provided herein.
subject to clause 9, any material downloaded or otherwise obtained through the Website is done at your own discretion and risk. You will solely be responsible for any damage to your computer system or loss of data that results from the download of the same.
6. Website Content
In viewing the Content of the Website and purchasing, or attempting to purchase, any Products offered through or in connection with the Website, you expressly acknowledge and agree that:
all information and materials forming part of the Licensor Content have been copied or reproduced directly from the Licensor. In this respect:
the Provider does not in any way guarantee the accuracy, integrity, completeness, quality or authenticity of the information contained in any Licensor Content, or even compliance of any and all of the Products with any laws or regulations, and no person may rely on such Licensor Content displayed on the Website; and
to the extent that your purchase or non-purchase of any or all Products displayed on the Website may be influenced by any Licence Restrictions or any Compatibility Requirements imposed on the Products, you bear the sole and exclusive responsibility to ensure that you have read and understood, and acknowledge and agree to, such Licensing Restrictions and Compatibility Requirements prior to the purchase of the relevant Product in accordance with the Terms of Purchase;
all Provider Content compiled by the Provider and all other information and materials posted on the Website or communicated to you from time to time, such as, help topics and FAQs, are provided for guidance only, and no advice relating to Product quality or suitability or any other form of advice is understood to be given to you by the Provider;
all User Content displayed on the Website comprise the opinions of their authors. The Provider does not in any way control such User Content and does not in any way guarantee the accuracy, integrity, completeness, quality or authenticity of any User Content;
under no circumstances will the Provider be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through or in connection with the Website. You are not entitled to rely and/or act upon such Content and/or use them as a basis for any cause of action in law or otherwise;
the Content may be subject to change without notice and does not take into account your objectives, personal or commercial situation, home or building requirements or needs, or any statutory obligations or requirements which may be required to be observed in your state;
in offering the Products for sale through or in connection with the Website, the Provider:
does not in any way recommend any Product or approve, or act on behalf of, the Licensor of any Product; and
does not in any way offer preference of one Product over another Product supplied by the same Licensor or different Licensor;
the Provider has no control, authority or influence over any Licensor of any Product and cannot be held liable over the acts or omissions of the same. You expressly acknowledge and agree that, apart from any statutory obligations which cannot be excluded by law, you will not hold the Provider legally or otherwise responsible for the conduct of any such Licensor;
you are not required to click on any Products displayed on the Website, or purchase any Product offered for sale by the Provider.
To the fullest extent of the law, the Provider expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranty of merchantability, fitness for a particular purpose or correspondence to particular descriptions in respect of any Content displayed on the Website.
No advice or information, whether oral or written, obtained by you from the Provider or through or from the Website shall create any warranty not expressly stated in the T&C.
7. Exclusion Of Liability
You expressly understand and agree that the Provider, its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss or profits, goodwill, use, data or other intangible losses, even if the Provider has been advised of the possibility of such damages, resulting from:
the accessing of, or the inability to access, the Website or the reliance, or the inability to rely, on the Content;
unauthorised access to or alteration of any of your transmissions or data; and
any other matter relating to the Website or the Content displayed on the Website or communicated to you.
You agree to fully indemnify, defend and hold the Provider, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any and all claims or demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your:
access and use of the Website or the Content;
connection to the Website;
violation of this T&C; or
violation of any rights of another.
9. Proprietary Rights
All copyright on the Website or embodied in any Content is owned by, or licensed by a Licensor to, the Provider, and you are required to abide by all copyright notices and Licence Restrictions contained on the Website or in any Products.
Except to the extent otherwise specifically authorised by the Provider, the Licensor and/or the author or creator of the Content:
you may not copy, modify, translate, publicise, reproduce, exploit, broadcast, transmit, distribute, perform, display or sell any of, or any portion of, any or all Content of the Website, or create any derivative works thereof, and you may not use any of the Content in connection with any commercial endeavours, whether in whole or in part;
you may only retrieve and display any Content on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disc (but not on any server or other storage device connected to a network) solely for your personal use; and
you may not alter the text, graphics, images, audiovisual or any other materials contained on the Website or embodied in any Content.
Any unauthorised reproduction, publication, further distribution or public exhibition of the Website or all Content contained therein, in whole or in part, is strictly prohibited.
In addition, the Website domain name, the Teaching Shop name, logo, other names and logos of the Provider as may be created, produced or used from time to time (“Marks”) are trademarks or registered trademarks of the Provider and its affiliated companies. Without express and written prior permission, you agree not to display or use in any manner the Marks for any purpose whatsoever.
10. Registered Users – Account, Access Code Or Password And Security
Registration is available to anyone 13 years of age or older. If you are 13 years of age or older, but are under the age of majority within the jurisdiction which you reside in, you may not register without the consent and supervision of your Guardian, who must agree to the terms of access and use of the Website herein on your behalf.
In order to become a Registered User of the Website (as the term is defined under clause 1.2(b)), you may be required to create an account (“Account”). Accordingly, you will be given an account designation upon completing the Website’s registration process.
You are responsible for maintaining the confidentiality of the Account and the password, and are fully responsible for all activities that occur under the same.
You agree to:
immediately notify the Provider of any unauthorised use of your Account or password or any other breach of security; and
ensure that you exit from your Account at the end of each session.
The Provider cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
11. Registered Users – Data And Content Input
As a Registered User, you are solely and entirely responsible for any and all User Content, data and other materials that you upload, post, email, transmit or otherwise make available through or in connection with the Website.
You acknowledge and warrant that any data you provide in a registration form (“Registration Data”) which is submitted by you to the Provider through or in connection with the Website is true, accurate and current, and is complete in all respects. You are required to update any changes to your Registration Data via the “My Account” section of the Website.
In submitting or posting your User Content, Registration Data and any other materials, you expressly acknowledge and agree that you shall not upload, post, email, transmit or otherwise make available through or in connection with the Website:
any User Content, Registration Data or other material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, pornographic, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
any User Content, Registration Data or other material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
any User Content, Registration Data or other material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
any User Content, Registration Data or other material comprising unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
any User Content, Registration Data or other material containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
any User Content, Registration Data or other material purporting to impersonate any other person or entity, including, but not limited to, any other User, the Provider’s official, employee, consultant, guide, host or any other representative, or falsely state or otherwise misrepresent your affiliation with any person or entity.
You also expressly acknowledge and agree that the Provider:
shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, change or remove any User Content, Registration Data or other material that is available through or in connection with the Website;
may access, preserve, and disclose all User Content, Registration Data or other material supplied by you if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
comply with legal process;
enforce this T&C;
respond to your requests for customer service; and
protect the rights, property, or personal safety of the Website, other Users and/or the public;
has no obligation to delete submissions that you may find objectionable or offensive, and will do so at the Provider’s sole discretion; and
the Provider neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorised employees of the Provider while acting in their official capacities.
You understand that the technical processing and transmission of all User Content, Registration Data or other material submitted or posted by you may involve:
transmissions over various networks; and
changes to conform and adapt to technical requirements of connecting networks or devices.
The Provider does not claim ownership of any User Content, Registration Data or other material you submit or upload through or in connection with the Website. However, with respect to such User Content, Registration Data or other material, you hereby agree that you shall grant the Provider the following worldwide, sub-licensable, perpetual, transferable, royalty free and non-exclusive licence (“Licence”) to use, distribute, reproduce, modify, adapt, publicly display the said User Content, Registration Data or material on the Website, in whole or in part, and to incorporate the data or material into any proprietary works of the Provider in any format or medium now known or later developed for any purposes, including for the purposes of:
providing and promoting specific Website initiatives;
compiling statistical references for improvement of the Website or for use with any other initiatives, including initiatives by the Provider, any affiliates or any third parties; and
any other commercial or non-commercial ventures of the Provider or such affiliates or third parties.
12. Special Admonition For International Use
The Website is based in Australia in accordance with the laws of that jurisdiction, but is provided for the benefit of both Australian and international users. If you are viewing the Website on a computer outside Australia, you expressly acknowledge, agree and warrant that:
in choosing to access and use the Website outside Australia, you are solely responsible for complying with the laws applicable in your jurisdiction;
the Provider shall not incur any liability to you whatsoever with respect to your access and use of the Website; and
you shall indemnify the Provider against any and all liability the Provider may have in relation to any third party for any reason whatsoever arising out of your use of the Website.
13. General Practices Regarding Use And Storage
You expressly acknowledge and agree that:
the Provider may establish general practices and limits concerning use of the Website, including without limitation the maximum number of days and months that data submitted by you will be retained by the Website, the maximum amount of information that may be submitted by you and the maximum number of times and the maximum duration for which you may access any Content on the Website in a given period of time;
the Provider has no responsibility or liability for the deletion or failure to store any descriptions, work, portfolio, profile, or other information or communication posted by you, or obtained or procured from or through the use of the Website; and
the Provider reserves the right to modify these general practices and limits from time to time.
14. Modifications To The Website, Website Content And T&C
The Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof, including the provision of any services or Products and any Content, with or without notice. You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Website.
The Provider reserves the further right to make any amendments to the T&C at any time in its sole and absolute discretion, with or without notice to you. The most current version of the aforesaid documents as posted on this page shall supersede all previous versions.
It is your responsibility to check regularly to determine whether a new version of the T&C has been uploaded. If you do not agree to any revisions pursuant to the upload of a new version of the T&C, then you must immediately stop using the Website.
You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Website, and/or amendments to the T&C. Your continued use of the Website after such modifications or amendments shall constitute an acceptance of your agreement to be bound by the T&C, as amended.
15. Suspension And Termination
You agree that the Provider may, under certain circumstances and without prior notice, suspend or immediately terminate your access to the Website and remove any associated profiles, works, information or contact details thereof.
Cause for such suspension or termination shall include, but not be limited to:
requests by law enforcement or other government agencies;
discontinuance of the Website (or any part thereof); and
unexpected technical or security issues or problems.
You agree that all such suspensions or terminations shall be made at the Provider’s sole discretion and that the Provider shall not be liable to you or any third party for any such suspension or termination.
16. Off Site Links
In order to offer increased value to our Users, the Website may provide, or third parties may provide, links to other Websites or resources, which you may access at your sole discretion. Such links include links of our advertisers or affiliates.
You understand and acknowledge the Provider has no control over such sites and resources. In this respect, you also acknowledge and agree that the Provider is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.
You further acknowledge and agree that the Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
17. Email Policy
We will not respond unless required to do so by law to any email sent to us which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material.
All Emails received will be taken to be submitted, where appropriate, for publication, free of charge. If you wish to negotiate a fee for the publication of your exclusive material you should email us at email@example.com and state your name, address and, if applicable, a contact telephone number, in your Email. Your Email should clearly state that the material contained in the Email has been submitted for the purposes of negotiating a fee for the publication of that material. It must not be sent to any other email address or to a User or to any other third party.
We will not disclose any personal information under any circumstances of any staff, employee, contractor or worker of the Provider and/or the Provider’s associates. Where appropriate we will endeavour to respond to all Emails within 3 days of receipt, but we cannot and do not guarantee to respond to any Emails. All Emails will generally be stored for 12 months after which time they will automatically be deleted. Any Email sent to the incorrect destination is liable to be deleted immediately.
19. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this T&C, there shall be no third party beneficiaries to this T&C, and that you may not assign your profile or registration to any other persons.
If you choose to provide us with a nominated email address, unless you expressly inform us otherwise, the Provider may communicate with you by providing you with notices regarding updates, changes or additions to the Website, Products or services offered through or in connection with the Website.
21. Governing Law
This T&C and any obligations arising out of or in relation to the T&C shall be governed by and construed in accordance with the laws of Western Australia.
You understand, agree and acknowledge that the courts of Western Australia are to have exclusive jurisdiction to settle any dispute (including claims for set-off and counterclaims and disputes relating to any non-contractual obligations) which may arise out of or in connection with the T&C and for such purposes irrevocably submit to the jurisdiction of the aforesaid courts.
23. Entire Agreement
The T&C constitute the entire agreement between you and the Provider and govern your access and use of, or purchase through or in connection with, the Website, superseding any prior agreements between you and the Provider.
You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services of the Provider, affiliated services, third-party content or third-party software.
24. Waiver And Severability Of Terms
The failure of the Provider to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision.
If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect.
25. Violations And Infringements
Any violations or infringement of the T&C should promptly be reported by the User by emailing the Provider at firstname.lastname@example.org.
Version 1.0 | 1 January 2012