Terms of use

Version 1.0. (Last updated 30 April 2009)

1. Introduction

The owner of this website is Ebooks Corporation Limited ACN 079 960 679.

Ebooks Corporation Limited (“ECL”) is a Western Australian company whose registered office is at Level 1, 62 Bayview Tce, Claremont, Western Australia. The terms ‘us’ or ‘we’ refer to ECL. The term ‘you’ refers to the user or viewer of our website.

ECL, including subsidiaries and affiliates, provides the information contained on this website or any of the pages comprising the website (“website”) to visitors (“visitors”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these website Terms of Use, the privacy policy and any other relevant Terms of Use, policies and notices which may be applicable to a specific section or module of this website.

2. Acceptance of Terms.

You acknowledge that you have read, and agree

3. Information on the Website.

While every effort is made to update the information contained on this website, neither ECL nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. ECL reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.

4. Copyright.

© Copyright 2000-2009 Ebooks Corporation Limited. All Rights Reserved. This website contains material which is owned by or licensed to ECL. The unauthorized copying, displaying or other use of any Content from this site is a violation of the law. You acknowledge having been advised by ECL that the Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other proprietary rights laws (collectively, "Rights"). In addition to ECL’s Rights in individual elements of the Content, ECL or its licensors own a copyright in the selection, coordination and arrangement of the Content and the design, layout, look, appearance, graphics and associated source code of the website.

5. Intellectual Property Rights.

In addition to any prohibitions and limitations imposed by relevant copyright law, in accepting these Terms of Use or by accessing and viewing pages of this website, you warrant and represent to the fullest extent permitted by law that, other than copying a small proportion of content, strictly for your personal non-commercial use, you will not:

6. Limitations on Access.

You warrant and represent that you will not knowingly provide the access credentials that we give you (username and password) to, or show this website to, any third party who:

7. Trademarks.

Unless otherwise specified, the trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of ECL. All trademarks reproduced in this website which are not the property of, or licensed to the operator, are acknowledged on the website. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of ECL.

8. External Links.

External links may be provided for your convenience, but they are beyond the control of ECL and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external website’s Terms of Use of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of ECL. Please contact us if you would like to link to this website or would like to request a link to your website.

9. Warranties.

ECL makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system.

10. Disclaimer of Liability.

ECL shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither ECL nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

11. Termination.

In the event that the Ebook Services Agreement under which you are granted access to this website is terminated for any reason, your right to access this website is terminated also.

12. Trial Access.

If you are granted trial access for a limited period to this website then, at the end of that trial period or when your trial access is terminated, your right to access this website is terminated.

13. Use of the Website.

By accessing the website, you warrant and represent to ECL that you are legally entitled to do so and to make use of information and functions made available via the website. If you breach any of the Terms of Use applying to the use of this website, your permission to use it automatically terminates.Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

14. Access and Availability.

14.1 Uptime.

While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

14.2 Unexpected Downtime.

Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

15. Jurisdiction.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of the State of Western Australia.

16. General.

16.1 Agreement.

These website Terms of Use:

16.2 Alteration.

ECL may at any time modify any relevant Terms of Use, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant Terms of Use (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.

16.3 Conflict.

Where any conflict or contradiction appears between the provisions of these website Terms of Use and relevant Terms of Use, policies or notices, the other relevant Terms of Use, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

16.4 Waiver.

No indulgence or extension of time which either you or ECL may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

16.5 Cession.

ECL shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant Terms of Use, policies and notices to any third party.

16.6 Severability.

All provisions of any relevant Terms of Use, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant Terms of Use, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant Terms of Use, policies and notices shall remain in full force and effect.

16.7 Applicable laws.

Any relevant Terms of Use, policies and notices shall be governed by and construed in accordance with the laws of Western Australia without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the courts of Western Australia in respect of any disputes arising in connection with the website, or any relevant Terms of Use, policies and notices or any matter related to or in connection therewith.

16.8 Comments or Questions.

If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant Terms of Use, policies and notices or the way in which we are handling your personal information please contact us.