Terms & Conditions
ALL CONTENT ON THIS WEBSITE AND/OR STORE IS COPYRIGHTED.
IT CANNOT BE REPUBLISHED OR SOLD IN ANY SHAPE OR FORM.
DISTRIBUTING OF COPYRIGHTED MATERIALS IS ILLEGAL AND WILL NOT BE TOLERATED.
Background
These terms and conditions make up a legally binding agreement (the Agreement) between Teaching with Picture Books ABN 753 2427 (referred to in these terms as “Us”, “We” and “Our” and you.
This Agreement may be accepted by making payment for or accessing Online Material.
If you have any questions about this Agreement please contact enquiries@teachingwithpicturebooks.com.au before making payment.
THE PARTIES AGREE as follows:
1. Payment, Price and Refunds
1.1. Digital Products:
a) Payment is required before the Digital Products will be accessible via email;
b) You acknowledge and agree that there are no refunds for change of mind.
2. Limitation of Liability
2.1. Our aggregate liability to you for any Loss arising out of or in connection with:
a) any act, error, negligence, misrepresentation or omission concerning or arising out of all of the Online Material or Digital Products (including any pre contractual statement, representation or warranty as to the quality or fitness for its purpose of the Online Material and Digital Products or as to Our ability to deliver the Online Material and Digital Products ); and
b) any breach of the Agreement or breach of duty of any kind owed in connection with the provision of the Online Material and Digital Products;
c) is limited to and will not in any circumstances exceed the Price.
2.2. We will not be liable for any loss of profit, revenues, anticipated savings, business or investment opportunities, internal management costs or any other indirect or consequential loss. For the avoidance of doubt, multiple claims arising out of (or based on) the same act, error or omission, or series of continuous, or repeated acts, errors or omissions will be considered a single loss.
2.3. Nothing in this Agreement is intended to exclude or restrict any liability that cannot be excluded or restricted by law.
3. Intellectual Property
3.1. You acknowledge that we will own all Intellectual Property Rights existing in the Online Materials and Digital Products unless otherwise stated. To the extent that any Intellectual Property Rights in respect of the Online Material and Digital Products vests in you, you agree to assign all such Intellectual Property Rights to Us with such assignment effective immediately upon the relevant Intellectual Property Rights vesting in the Client.
3.2. Any pre-existing Intellectual Property Rights owned by Us before the commencement of this Agreement, will remain vested in Us.
3.3. Any pre-existing Intellectual Property Rights owned by the you before the commencement of this Agreement, will remain vested in you.
3.4. We agree to grant you a non-exclusive, transferable, royalty free licence to use and reproduce the Intellectual Property Rights subsisting in the Online Material and Digital Products for the sole purpose of ensuring that you obtain the benefit of the Online Material and Digital Products. Under this licence you are not permitted to:
a) sub-licence, transfer, loan or resell the Online Material or Digital Products;
b) give away the Online Material or Digital Products for free;
c) claim the Online Material or Digital Products as your own; or
d) use the Online Material or Digital Products in any derivative products for sale where the Online Material or Digital Products is the main component of the product. For example, mugs, t-shirts, home decor items, logos, art prints or posters.
4. Force Majeure
4.1. We do not have any liability under or may be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from circumstances beyond Our reasonable control.
4.2. If We are affected by these circumstances we will promptly notify you when such circumstances cause a delay or failure in performance and when they cease to do so.
5. Termination
5.1. We may terminate this Agreement by notice in writing to you, if you:
a) fail to observe any term of this Agreement; or
b) fail to rectify a breach, to Our satisfaction following the expiration of 7 days’ notice of the breach being given in writing to you.
5.2. Notwithstanding any other provision of this Agreement, We may terminate this Agreement for any reason by providing you with 2 days’ notice.
6. Applicable Law
6.1. The parties expressly agree that this Agreement will be governed by and interpreted in accordance with the laws of the State of New South Wales.
7. Your Warranties
7.1. You warrant that:
a) you are not executing this Agreement as a result of or by reason of or in reliance upon any promise, representation, statement or information of any kind whatever given or offered to you by Us whether in answer to an enquiry or otherwise; and
b) Prior to the Date of Purchase, you have made your own independent enquiries and satisfied yourself as to the fitness for purpose of the Online Materials and Digital Products, to the extent permitted by law. We make no warranty, promise or representation in relation to the Online Materials and Digital Products, either expressly or impliedly and any warranties, terms and conditions in relation to the fitness of the Online Materials and Digital Products for any purpose, whether implied by use, statute or otherwise is, to the extent permitted by law, hereby excluded.
8. Definitions
In these terms and conditions, the following terms have the meanings indicated:
a) Digital Products means all digital products available for purchase or download from www.teachingwithpicturebooks.com.au
b) Intellectual Property Rights means copyright, trademark, design, patent, semiconductor or circuit layout rights and any other rights whether or not they are registered or registrable, relevant to, among other things, the textual, graphical, audio and other information, content, data or material used by Us in respect to this Agreement.
c) Loss means any and all loss (including pure financial loss), injury, liability, damage, compensation, claim, demand, expense, interest or cost, including reasonable legal fees, whether arising in tor, contract or otherwise (including costs awarded or incurred) of any kind.
d) Online means the delivery of the Online Materials and Digital Products through such means as an online based platform or website.
e) Online Material means all Digital Products (both for sale and free) and other resources made available online by Us.
f) Price means the amount paid by you for the Online Materials and Digital Products.
