Terms Of Use
Introduction
Perdisco grants access to this website subject
to the following terms. These Terms Of Use cover all of the text, images, multi-media files,
products, services, email, e-learning resources, support sites, hardware, software, data,
information and all other materials displayed or provided through any URL with perdisco.com in it.
Unless the context is clearly stated as otherwise, these Terms Of Use apply equally to all users
of our website and, without limitation, particularly to instructors, to students and to their
associated university, college or school ('institution') administration.
Your use of our website is deemed to constitute your acceptance of these Terms Of Use.
Should you object to any of these Terms Of Use or any subsequent modifications, your
only recourse is to immediately discontinue your use of our website.
Copyright notice
The material provided on our website is copyright protected. All intellectual property
rights in our website, including all copyrights, trademarks, patents, trade secrets,
and any other proprietary rights inherent therein and belonging thereto, are owned or
licensed by us, our suppliers or our authors.
Those parts of our website that are publicly available and not password protected may be:
- downloaded, cached and stored (but only according to our HTTP protocol headers)
- hyperlinked (but not using frames)
- printed and distributed
but only for personal or non-commercial educational use and only provided that you do
not make any modifications and that you retain all copyright and other displayed
notices. All other rights are reserved.
No password protected part of our website may be reproduced, distributed, republished,
displayed, broadcast, stored, cached, mirrored, or transmitted in any manner or by any
means without our prior written permission. Please
contact us to make inquiries.
Use of our website
You agree not to use, or attempt to use, our website for any purpose that is unlawful
or that may breach these Terms Of Use. In particular, you agree not to:
- use our website to defame, abuse, harass, stalk, threaten or otherwise offend others
- publish, distribute, e-mail, transmit or disseminate any material which is unlawful,
obscene, defamatory, indecent, offensive, menacing, inappropriate or knowingly false
- engage in or promote any surveys, contests, pyramid schemes, chain letters,
unsolicited e-mailing or spamming
- impersonate any person or entity including the use of another's name, username or
password
- upload, post, e-mail, transmit or otherwise make available using our website any
material that you do not have a right to make available under any law or
contractual obligation or which infringes any other person's rights or which
contains viruses, or other computer codes, files or programs designed to interrupt,
limit or destroy the functionality of our website or other computer software or
hardware
- breach any applicable laws or regulations or encourage others to do the same.
Help Desk
Once you have purchased a product or service from us, you may contact our Help Desk
regarding technical queries associated with using our website. We will use reasonable
attempts to respond to all queries as soon as possible and, in any event, agree to
respond to each query within one business day of its receipt. We will action queries
in a priority order determined by us.
At busy times, or outside Help Desk hours, we may not be able to respond to queries
immediately and in such circumstances we provide voicemail and email services that can
be used to leave messages for us and to which we will respond in the same manner as all
other queries.
The support provided by our Help Desk does not extend to:
- resolving technical queries unrelated to our website including, but not limited to,
desktop operating systems, software (including browsers) and internet connectivity
- performing any procedure for which our website provides a self-service interface
for users
- resolving academic, educational or course administration queries.
With regard to the last point above, please understand that our help desk team members
are not instructors or teachers and cannot assist with academic queries. If you have questions
that relate to your misunderstanding of academic concepts or are otherwise of an academic nature,
please see your university, college or school. Similarly, we cannot assist with requests for
deadline extensions, additional attempts or other matters of special consideration. These
matters must also be referred to your university, college or school.
Customer Communications
You acknowledge that when we need to contact you, the following will apply:
- we will address and send emails to you using the email address provided by you
- you must notify us of any changes to your contact details using the online method
provided by us as soon as possible
- you are solely responsible for ensuring that your contact details are current,
your email service is operational, that you check your emails regularly and that
any filtering you choose to apply to your email does not exclude our messages
- if we send an email to the email address listed in your contact details,
you are deemed to have received that email and we are not obliged to take any
further action to confirm that you have received, opened and/or read the email
- if we receive an automated email non-delivery notification indicating you have not
received an email that we have sent you we are not obliged to take any further
action to try to contact you, although we may at our option, attempt to contact
you using some other means and/or we may alter your account such that it requires
you to update your email address at your next login attempt.
Use of our website by institutions and instructors
Even though an institution and/or its instructor prescribes or recommends the use our website
to their students, it nevertheless remains the responsibility of that institution and its
instructors to teach and evaluate their students and to select the combination of teaching
resources that will be used within their courses to do so. As a publisher, Perdisco is providing
our website as only one of the range of teaching resources that we expect will be used to reach
the teaching and assessment goals of any given institution and its instructors. In particular, we cannot
and do not take responsibility for teaching or accrediting students.
It follows that, in addition to all other Terms Of Use, when an institution or instructor uses
our website to instruct and teach their students, and/or to assign scores and otherwise evaluate
the performance of their students, and/or to collect and maintain personal data about their
students, that institution or instructor is solely responsible for:
- determining our website is fit to be put to those purposes and that it is used legally and fairly to do so
- checking and thoroughly appraising any data, scores or personal information supplied from our website
before being used for those purposes
- indemnifying and holding us harmless from any and all claims (including legal fees) arising out of their
use of our website for those purposes.
We will maintain the data relating to students within a course for the duration of that
course plus one month. Prior to the end of this period, all reporting must have been completed
and any requests for special extensions or data retention must have been made to us.
Past this period, the use of our network to store historic course data must be arranged under a separate agreement.
Our website, servers and bandwidth are not, in the normal course, provisioned to support the
servicing of classes or groups of students on a simultaneous or
near simultaneous basis for multiple real-time responses to that group. For example,
we do not support the simultaneous or near-simultaneous testing of groups of 20+ students
or the simultaneous or near simultaneous use of our resources by classes or groups
of 20+ students in computer labs. If you are an instructor who wants to use Perdisco's
services in this manner, please speak with us well beforehand. Depending on your needs
and the size of your group, we may need to provision dedicated servers and bandwidth to
support your needs and this provisioning may incur additional costs for your institution.
Instructors should be aware that we automatically and continuously monitor our services
to ensure their fair and equitable use by all students and institutions. In particular,
unless specifically arranged with us beforehand, we have self-governing controls in place
that, by design, will disrupt high volume simultaneous responses to a dedicated group of
students. In the spirit of fairness and equity, we hope you understand that if we become
aware, through our automatic monitoring or otherwise, that our website is being used
to simultaneously service large groups of students without prior arrangement being made
with us, we reserve the right to immediately and without notice suspend our services
to that group of students.
In addition to all other Terms Of Use, when an institution or instructor directly
(or indirectly through our complimentary content encoding and management services)
uses our website to make available educational content (such as learning goals,
facts, principles, theories, functions, statistics, examples, case studies, questions,
solutions and lesson plans) then they agree that they own all of the intellectual
property rights, copyrights, moral rights and all other proprietary rights under
any and all laws and contractual obligations to make that educational content available
in the format presented on our website. In addition, when an institution or instructor
requests us to provide our complimentary content encoding and management services to
design, develop, encode, manage or otherwise assist with that educational
content, then that educational content will be designed, developed, encoded,
managed and maintained by us as an integral part of our products and services and will,
as a result, become available to be used by us for any purpose whatsoever,
including augmenting, developing, manufacturing and marketing new and existing products.
Therefore, when an institution or instructor requests us to provide our complimentary
content encoding and management services they also agree to perpetually assign to us,
on a non-exclusive, world-wide, royalty free basis, any and all rights required by us to use
the educational content as an integral part of our products and services, and they also
agree to provide the educational content to us according to our then current authoring
standards, and they also agree to thoroughly check the accuracy and appropriateness of
the educational content once we complete it. Should this not be a suitable arrangement
for an institution or instructor then we can provide separate commercial contracts for
the design, development, encoding, management and maintenance of
educational content that supersede this clause.
Access, prices, taxes, fees and refunds
You will be granted access to the paid products of our website
immediately upon your associated payment being received and processed by us.
PayPal
securely processes internet payments for Perdisco. Perdisco is an academic publishing company headquartered
in Australia that sells textbooks, assessment tools and other learning resources to students and instructors
of universities, colleges and schools in the United States, Australia, New Zealand, and most of Asia. If you see a charge
from PAYPAL *PERDISCO AUS on your debit or credit card statement but do not know why,
it is likely because you (or your spouse or your child with a secondary credit card on your account)
has purchased study-related materials from us to support their education. If you still do not understand
why you see PAYPAL *PERDISCO AUS on your account statement, we encourage you to contact
us directly before raising a dispute with PayPal or with your issuing bank. We respond to all customer
service inquiries within one working day. Please email or call using our
contact details.
We quote prices in multiple currencies. The currency of product prices within our website
will either be explicitly stated or reasonably inferred from the context of the price itself
(that is, prices for Australian products can reasonably be inferred as being quoted in
Australian dollars). The currency of prices within our ecommerce system immediately prior
to a purchase will always be explicitly stated. All prices displayed and products and
services offered on our website are subject to change without notice.
All Australian dollar prices are quoted inclusive of GST for
Australian sales. Otherwise, we shall not be liable for any other sales taxes, consumption taxes,
use taxes, value added taxes, customs duties, import duties or other local taxes and government
levies, or amounts levied in lieu thereof, which may be imposed on you by any relevant taxing
authority. You are responsible for being aware of the need to pay such taxes (if any such need
exists) and self-assessing and remitting the relevant amounts to the relevant taxing authorities.
Other than for Australian GST, you indemnify us and will keep us indemnified against
any claim for payment of such taxes on your behalf, whether such claim is now or hereafter
levied against us including even if such claim is levied against us retrospectively
after you have otherwise ceased to use our goods or services. This term indefinitely survives
your use of our website or your purchases of our goods or services.
In almost all cases, you will incur no additional fees other than the clearly advertised
price of our products. However, we reserve the right to charge both a handling fee and an
administration fee that will be charged in limited circumstances as follows:
- Non-refundable handling fee: Some of our payment methods incur a
handling fee. However, we also provide you with payment alternatives that do not involve
a handling fee. Please select one of those methods to avoid the handling fee and reduce
the cost to you. Handling fees are non-refundable.
- Administration fee: We will charge you an additional administration fee
and recoup any additional fees, charges or costs incurred by us, and/or stop your access to your
product under the following circumstances:
- if you make, or attempt to make, a fraudulent payment.
- if you make a payment that is rejected or later withdrawn or disputed and for which we
are then charged a fee or incur additional costs.
- if you take any action to cancel a payment or initiate a credit card charge back
without first discussing such action with us.
- if you are provided a refund under our exceptional circumstances refund policy.
We do not generally provide refunds once a product or service has been purchased.
However, if you wish to seek a refund because you believe that exceptional circumstances
apply and those exceptional circumstances occurred within two weeks of your purchase, then you must
contact us
immediately and provide us with any documentary evidence that we request.
If we agree that exceptional circumstances do apply, then we will refund your
purchase less an administration fee to process that refund. We typically accept documented course
withdrawals that are promptly notified to us within two weeks of your original payment
as being an acceptable exceptional circumstance. Please note that any handling fee
charged as part of your initial payment is not refundable.
Privacy and security
Our Privacy Policy forms an important part
of these Terms Of Use.
For security reasons we may require you to re-authenticate yourself from time to time,
for example after a period of inactivity on the connection between your browser and our
servers. We are not responsible for any information you may lose if we terminate your
browser session due to prolonged periods of inactivity between your browser and our
servers.
Third party content
Please be aware that other websites ('third parties') may be accessed through our
website. These Terms Of Use do not apply to third parties. Such websites are accessed
at your own risk and your legal relationship is with the third party supplier.
Any hyperlinks to any other websites are not an endorsement or verification of such
websites. We have not checked the accuracy, completeness, quality or suitability of the
information, products or services of the third parties. You must make your own enquiries
with the relevant third party supplier directly before relying on or using their website
or services.
Disclaimer, exclusion and limit of liability
The internet is not owned or controlled by any one entity and, in particular, we have
no control over any part of the internet outside of our network. We cannot therefore
guarantee that you will be able to access our website at any given time.
Access to our website is provided on an 'as is' and 'as available' basis and your use of
our website is at your own risk. All material on our website is provided in good faith
and is derived from sources believed to be accurate and current as at the date of
publication.
We make no representation or warranty that:
- your access to our website will be uninterrupted, timely, secure or error free
- any material will be reliable, accurate, complete or error free (nor do we accept any
responsibility arising in any way for errors in, or omissions from that material).
We reserve the right, at our sole discretion, to suspend or alter the operation of our website
for legal, technical or any other reason. We will give you as much notice as possible prior to
taking any such action but prior notice may not always be feasible.
In connection with your use of, inability to use, or reliance on our website, you
expressly agree and understand that in no circumstances will we or any of our related
bodies corporate be responsible for:
- the use of, access to, reliance on, or the availability, performance or failure of
any part, or the whole of, our website or any material thereon
- any defects, mistakes or omissions, even when made on our part
- the accuracy, adequacy, reliability or completeness of any information or material
presented
- statements or conduct of any third party made on or through our website
- the inappropriate access, virus, theft, alteration, or any other form of security
breach relating to data or transmissions
- the destruction, corruption, interruption, unavailability, delay, error, accidental
deletion, or any other form of data or transmission loss or damage
- equipment damage or malfunction, business interruptions, lost time, sales or
profits, consequential damage or any other pecuniary or economic losses or damages
of whatever nature howsoever arising (including but not limited to any act or
omission by us or any of our related bodies corporate)
- any failure on our part to provide support services.
To the extent that they can be excluded, we do exclude all conditions and warranties which may be
implied by law. To the extent permitted by law, the limit of our liability to any particular party for breach
of any implied warranty or condition which cannot be excluded and in any event the absolute limit of our liability
to any particular party in relation to any particular legal action is restricted to an amount not exceeding
the amount paid to us by that party.
Breach of Terms Of Use and indemnity
You indemnify and agree to hold harmless ourselves, all of our officers, employees and
suppliers, from any damage, loss or costs (including legal fees) occasioned by any
claim, demand, action or proceeding (or occasioned by the settlement or avoidance
thereof) that is based upon your use of our website including, without limitation, the
breach or alleged breach by you of these Terms Of Use.
If at any time we conclude that you have breached, or may have breached, these Terms Of
Use, we have the right without prejudice to our other rights and remedies, to
immediately terminate your access to our website without prior notice and without refund
of any monies paid by you to us.
Jurisdiction
All products and services delivered through our website are deemed to be products and services
developed in and delivered from Australia. This is true even though many of our products are
developed in Australia explicitly for use in other countries and therefore observe the
language, academic or cultural nuances appropriate for those non-Australian target audiences
and may be priced in various currencies. This is also true even though many of our digital
services may be fulfilled using computer networks located in countries outside of Australia
and generally distributed around the world.
If you choose to access our website from any location outside Australia, you are solely
responsible for compliance with your local law if, and to the extent that, it is applicable.
In such a case you agree that by binding yourself to these Terms Of Use, you waive any consumer rights
you have which are capable of being waived under your local law and that these Terms Of Use
are the only terms and conditions that apply between you and us in respect of your use of
our website and the supply by us to you of our goods and services.
All contracts and agreements, express or implied, arising from your use of our website
and particularly from your payment for products or services from our website, are contracts
made in Australia. This is true no matter what country you are in at the time of
accessing our website or making your payment or what currency you used to make your purchase.
By accessing our website or purchasing products or services from us, regardless of the
place of your physical location or the local currency that you use to make payments, you agree
that the laws of New South Wales, Australia shall govern your use of our website and
these Terms Of Use and you agree to submit to the exclusive jurisdiction of the
state and federal courts located within New South Wales, Australia.
This is a material term of these Terms Of Use and we would not have agreed to supply
you with our goods or services if ever an attempt (successful or otherwise) is made to
construe that we are a witting or unwitting party to a contract or agreement, express
or implied, that was made in or that applies to some other jurisdiction.
General matters
If any term within these Terms Of Use is invalid or unenforceable, it will be struck out and
the remaining terms will remain in force.
If we do not act in relation to a breach by you of these Terms Of Use, this does not
waive our right to act at a later date or to act with respect to subsequent or similar
breaches.
Updates
We may, at any time, revise these Terms Of Use by updating this version. By using our
website, you agree to be bound by any such revisions and should therefore periodically
visit these Terms Of Use to review the current version.
More information
If you have questions or would like further information about our Terms Of Use, please
contact Perdisco.
Terms Of Use (version 3.0)
Dated 25 February 2013