Terms Of Use
Introduction
Perdisco Pty Limited grants access to this website subject to the following terms. These
Terms Of Use cover all of the text, image and multi-media files, products, services, email,
e-learning resources, ecommerce and support sites, hardware, software, data, information
and all other materials displayed or provided through any URL containing perdisco.com
If you do not agree to any of these terms, you must discontinue your use of our website.
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
Your use of our website requires a certain level of knowledge about computers, the
internet, browsers, and software. You are responsible for having or acquiring the
necessary knowledge to use 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, or inappropriate
- 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
endeavours 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. Queries will be actioned
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
- resolving educational or course administration queries
- performing any procedure for which our website provides a self-service interface
for users.
Privacy and security
The personal information that you provide in your account as a registered user of our
website will be kept confidential and will be used only to support our
customer relationship with you including the provision of products, services and support
to you and, where applicable, your educational institution. If, and only if, your personal
information has been collected by us to support your studies at a particular educational
institution, we may disclose and reconcile your personal information with that particular
educational institution. Such personal information will not be otherwise sold, released
or disclosed to third parties without your prior consent unless required by law.
In addition to personal information that you provide in your account as a registered user of our
website, all visits to this website (whether by registered users or not) are logged.
This logging records particular anonymous data that cannot be connected
with any identified user and helps us better understand
how people use our site. This analysis is done using the Google analytics service
as described in our privacy policy.
Please be aware that, other than on our ecommerce site, we do not provide facilities
for the secure transmission of information across the internet. You should know that
there are inherent risks when transmitting information across the internet.
Other than on our ecommerce site, we cannot guarantee the security of any information
you transmit to us, and you do so at your own risk.
You are solely responsible for maintaining the secrecy of your passwords or any account
information and are solely responsible for any security breaches relating thereto.
Please be careful and responsible whenever you are online.
We have no obligation to, and generally we will not, actively or explicitly monitor,
censor, or directly control any transmissions that are sent by you through our website.
However, you understand and agree that our network management and monitoring
activities involve us in reactive and implicit monitoring of, amongst other things your
transmissions. Further, we reserve the right to actively and explicitly monitor,
censor, or directly control your transmissions where we deem that such activities are
necessary to ensure the security or reliability of our website or otherwise to enforce
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.
Any material, information or idea (that is not personal information) that you transmit
to or post on our website by any means will be treated as non-confidential and
non-proprietary, and may be adapted, disseminated or used by us for any purpose
whatsoever, including protecting, upgrading, and otherwise supporting our network, and
including developing, manufacturing and marketing products.
For further details regarding your privacy and personal information,
please refer to our Privacy Policy.
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
(including email address), 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 your current email address as 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
unless you promptly notify us and demonstrate that the email was not delivered to
your email address
- 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 current access account such
that it requires you to update your email address at your next login attempt.
Access, prices, taxes, fees and refunds
You will be granted access to your product
immediately upon your payment being received and processed by us. You have a range of payment
methods available to you, some of which will provide instant access while others may involve
a number of days of delay. The expected delay associated with each payment option is explained
both before and during your selection of that payment method. If you want immediate access to
your product, please select a payment method that allows for such access.
We quote prices in multiple currencies. The currency of prices
within our catalogues will either be explicitly stated or reasonably inferred from the context
of the catalogue itself (that is, prices within a catalogue 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 transactions undertaken through our ecommerce site use facilities for
the secure transmission of information across the internet and will appear on your statement
using the name 'Perdisco'.
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.
If you deliberately pay us twice using two
different payment methods (for example, because you first choose to use a payment method such as a
mail order that does not provide you with immediate access but then, during the period of delay,
choose to pay us a second time using a different payment method such as secure online credit card
that does provide you with immediate access) then we agree to refund any superfluous payments but we
will charge an administration fee to do so. During the payment process we explain clearly the
instant access or various processing delays inherent with the selection of particular payment
methods, so please select your payment method carefully and ensure you understand any associated
timing delays before making such payment to us.
If you believe that your use of our ecommerce site
has accidentally resulted in double transactions (for example, because you double clicked on, or
otherwise refreshed, a payment screen) or that Perdisco transactions that you cannot explain appear
on your credit card statement, you agree to first raise any query regarding those transactions
directly with us.
We agree to refund to you any transaction that was genuinely erroneous because it was accidentally
initiated by you and did not result in us supplying you with access to a product or service. If you
contact us first as required herein, we agree not to charge you an administration fee to make such a
refund. However, if you do not first approach us with such queries but instead first raise the query
through your credit card or payment provider, then you agree to be liable for any fees or charges
that your credit card or payment provider seeks to charge us to facilitate any refund we agree to
make to you plus our own administration fee.
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 minimise
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 use, or attempt to use, a fraudulant payment method.
- if you use a payment method that is rejected or dishonoured and for which
we are charged a fee or incur additional costs as a direct result of that rejection
or dishonouring of your attempted payment.
- 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 deliberately pay us twice.
- 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
about your exceptional circumstances within two weeks of the date that gave rise to
those exceptional circumstances and provide us with any documentary evidence that we request.
If we agree that special circumstances do apply, then we will refund your
purchase less an administration fee to process that refund. Please note that any handling fee
charged as part of your initial payment (because of your selected method of payment) is not
refundable.
Use of our website by institutions and instructors
In addition to all other Terms Of Use, when an institution or instructor uses our
website to assess, evaluate, assign scores to, or otherwise make decisions about their
students or to collect, hold, or maintain personal data about their students, that
institution or instructor is solely responsible for:
- determining that our website is fit to be put to those purposes, and that it is used
legally and fairly for those purposes
- checking, reviewing and thoroughly evaluating any data, scores or personal
information arising from their use of our website before such data, scores or
personal information are used to make decisions about, or influence the evaluation
of, their students
- 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. 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 students
or the simultaneous or near simultaneous use of our resources by classes or groups
of 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. We will need to provision
dedicated servers and bandwidth to support your needs and this provisioning will incur
additional costs for your institution. If we become aware of our resources being used
to simultaneously service classes or 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, customise, encode, manage or otherwise assist with that educational
content, then that educational content will be designed, developed, customised, 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 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, customisation, encoding, management and maintenance of
educational content that supersede this clause.
Jurisdiction
All products and services delivered through our website are products developed in Australia
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.
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 agreeing 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 what currency you used to purchase products or services from us.
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.
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.
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.
Disclaimer and exclusion
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 unauthorised 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, our liability for breach of any implied
warranty or condition which cannot be excluded is restricted, at our option, to:
- in the case of services supplied or offered by us
- the re-supply of those services
- the payment of the cost of having those services re-supplied
- in the case of goods supplied or offered by us
- the replacement of the goods or the supply of equivalent goods
- the repair of the goods
- the payment of the cost of having the goods replaced or
- the payment of the cost of having the goods repaired.
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 2.8)
Dated 18 August 2009