End User Terms of Service
The Essentials Education® Digital Books service (the “Service”) is owned and operated by Adelaide Tuition Pty Ltd ABN 17 162 631 647 (“Essentials Education®”) and/or its contractors and affiliates. You may not access or use the Service without the authority of Essentials Education.
By using the Service you agree to be bound by these terms and that they constitute an agreement between you and Essentials Education®.
In these terms ‘Authorised Content’ means electronic copies of such works and other content as Essentials Education® may from time to time expressly permit you to have access to through the use of the Service (if any).
Subject to these terms, you may access and use the Service to view Authorised Content within Australia:-
- For your own personal educational use in relation to the subject of the Authorised Content; and/or,
- If you are a teacher and teach students studying for the SACE (South Australian Certificate of Education), for your own individual use as a teacher, excluding classroom and other public displays.
- You must use reasonable endeavours to ensure that other persons do not have access to your access details (such as username and password) and cannot access or use the Service using your account. Do not disclose your username or password to other parties.
- You must comply with any reasonable directions given or published by us about your use of the Service.
- You must not do any of the following:-
- Use the Service in a manner contrary to these terms;
- Disrupt or impair the use of the Service by others;
- Reproduce or communicate any part of the Service or any content provided through it, except as permitted by these terms or by the Copyright Act 1968;
- Access or use the Service in relation to any Authorised Content beyond any permitted period (or retain any copies of same after the expiry of that period);
- Access or use the Service for any other purpose not envisaged by these terms.
- If you breach these terms then we may terminate this agreement and your access to the Service or parts of it, in addition to any other rights we may have.
- Essentials Education® may at any time without prior notice to you:-
- Alter in its sole discretion how the Service and its content are provided;
- Edit any content made available through the Service (including User Content and Authorised Content) as Essentials Education® reasonably consider appropriate or beneficial;
- Remove User Content; and,
- Remove Authorised Content and/or cease to provide the Service, except where and to the extent that Essentials Education® might be obliged to provide same by law or by some other agreement in relation to Authorised Content.
This paragraph only applies to the extent permitted by law and including that, where the Australian Consumer Law applies, there may be guarantees and provisions in the Australian Consumer Law that override these provisions.
- Whilst Essentials Education® endeavours to ensure that the information provided by it as part of Authorised Content is correct, it and any other content is provided on an “as is” basis, without warranties or guarantees of any kind, implied or expressed. Essentials Education® does not warrant, guarantee, undertake, or make any representations regarding the accuracy, reliability, completes or correctness in relation to the content or information presented on or in connection with the Service. You accept sole responsibility and risk associated with the use and results of information displayed or accessed through the Service.
- You agree that under no circumstances shall Essentials Education® be liable to you for any loss or damage (including special, indirect or consequential damage) whatsoever which may arise for or in connection with the use, performance, transmission, of Essentials Education®’s material (including Authorised Content) or User Content contained in the Service or associated websites and systems or any failure or inability to do any of those things with respect to same.
- You acknowledge that endeavours by Essentials Education® to exclude viruses and malicious or harmful content from the Service may not be effective and that Essentials Education® shall not be liable to you where such material is present or transmitted. Thus, you are recommended to take all appropriate safeguards before downloading information from this site.
- External Links: All Internet addresses (URLs) specified or hot-linked in any Authorised Content were current at the time of writing. However, because of the dynamic nature of the Internet, some addresses may have changed or the relevant site may have subsequently altered its content or ceased to exist. While Essentials Education® regrets any inconvenience this may cause, you agree that it will not be responsible for any links being out of date or any change in the content of any linked sites.
- You acknowledge that Essentials Education® does not necessarily read, check or edit any content linked to in the Service and you agree:-
- not to link to any material which would be contrary to these terms if submitted as User Content; and,
- to promptly remove any link submitted by you if you become aware that the content of the linked location has changed so as to be contrary to these terms or misleading to other users of the Service.
- User Conduct and Submissions
Any remarks, annotations, ideas, opinions or other information submitted to or through the Service (collectively, ‘User Content’) are the sole responsibility of the person who posted said content and do not necessarily reflect the views or opinions of Essentials Education®.
The submission of User Content by you is entirely voluntary and, other than your Personal Information, you agree that any User Content is provided by you on a non-confidential basis.
As a condition of your use of the Service, you must ensure that any User Content that you post does not contain any material which:
- is misleading or deceptive;
- is in breach of any applicable laws with respect to copyright;
- violates any other applicable laws;
- is offensive or discriminatory; or,
- involves advertising, solicitation or any other commercial activity, except where and to the extent that Essentials Education® may consent (which consent may be withdrawn).
By posting User Content you provide Essentials Education® a non-exclusive royalty-free, licence to publish and use your User Content for Essentials Education®’s products and services including:
- the right to make, use, communicate, perform, deliver and sell copies of User Content for the Service or as part of the Service (or for or as part of an alternative to the Service and/or other products that Essentials Education® may provide in the future);
- the right to edit, adapt, update, arrange, improve, correct, develop, translate, enhance and/or otherwise modify User Content in its entirety or in part, and the right to incorporate same together with other content as part of Essentials Education®’s products and services; and,
- throughout the world on any media and on a perpetual, irrevocable and fully-sublicensable basis.
Essentials Education® reserves the right, but not the obligation, to remove User Content, including without limitation where it determines in its sole discretion that the User Content is or would be (on its own or in combination with any other content or conduct):
- unlawful, offensive, threatening, intimidating, libellous, defamatory, obscene, discriminatory or otherwise objectionable;
- in violation of any party’s intellectual property;
- detrimental to the quality or intended spirit of the Service.
You should not rely upon the continued availability of any User Content you have submitted through the Service and you agree that Essentials Education® will not be liable to you if User Content is lost or removed.
- Copyright, Ownership and Data Security
Essentials Education® owns all intellectual property rights to the Service, including but not limited to the design, artwork, functionality and documentation. You may not copy, modify or reverse engineer any part of the Service.