jacaranda plus

Terms and Conditions

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Jacaranda Products – eBookPLUS/eGuidePLUS/learnON/PDF This document sets out the terms and conditions under which John Wiley &amp. Sons Australia Ltd of 42 McDougall Street, Milton, QLD 4064, Australia or its licensees (“Wiley”) grants the user (“you”) a licence to access all subscribed formats of online products and supporting resources, including, but not limited to, eBookPLUS (“eBookPLUS”), eGuidePLUS (“eGuidePLUS”), learnON (“learnON”) and PDF (collectively known as the Jacaranda Products (“Jacaranda Products”)). These terms and conditions are intended for persons 18 years or older. If you are under 18, you should review these terms with a parent or guardian to ensure that you and your parent or guardian understand and consent to all the terms. Summary of Licensed Uses How can Jacaranda Products be used? You may use the Jacaranda Products in the following manner for your own educational and/or teaching use: <ul> <li>View and interact with Jacaranda Products using your personal log-in on your personal computers or devices;</li> <li>Use reasonable excerpts of Jacaranda Products in assignments and projects with appropriate credit to Jacaranda Products;</li> <li>Download offline PDF or EPUB versions of Jacaranda Products or other digital documents accessed through your personal log-in onto your personal computers or devices as required;</li> <li>For learnON Products, you can interact with other learnON users in your class, including students and teachers and answer tests and questions set by your teacher and upload answers and materials to learnON. and</li> <li>If you are a teacher: <ul> <li>For learnON, create and share tests and other assessments with students and other connected users who have legitimate access to learnON;</li> <li>Make digital copies, photocopies and print-outs of Jacaranda Products for use in class and use reasonable excerpts in worksheets and teaching materials, provided that all students in the class have legitimate access to the corresponding Jacaranda Products versions of the text and with appropriate attribution (if required);</li> <li>Display Jacaranda Products on an interactive whiteboard provided that all students in the class have legitimate access to the corresponding Jacaranda Products versions of the text;</li> <li>Use as otherwise separately agreed in writing between your School or Institution and Wiley.</li> </ul> </li> </ul> How Jacaranda Products CANNOT be Used: For clarity, except as provided above , this licence does not authorise users to: <ul> <li>Make and distribute printed copies or digital copies of any part of Jacaranda Products to any person;</li> <li>Modify Jacaranda Products other than as permissible in ProjectsPLUS;</li> <li>Copy or upload Jacaranda Products or any part of Jacaranda Products onto any computer network (including any Learning Management System or portal site), the internet or circumvent any digital protection measures (unless expressly agreed between your School or Institution and Wiley);</li> <li>Transfer any copies of offline PDFs and EPUB versions of Jacaranda Products and associated digital documents onto laptops or devices accessible or owned by other parties, unless expressly agreed between your School or Institution and Wiley;</li> <li>Copy Jacaranda Products into a different format than that provided, other than where expressly permitted as part of Jacaranda Products;</li> <li>Use Jacaranda Products on more than one computer or device at a time with the same user log-in;</li> <li>Share a personal log-in and password with any other person other than the registered user, other than in the case of second-hand physical book sales as permitted by these Terms and Conditions;</li> <li>Use Jacaranda Products or parts of Jacaranda Products in any presentation outside of your school without the prior permission of Wiley. and</li> <li>Authorise users to incorporate parts of Jacaranda Products into other presentations or onto other devices for distribution.</li> </ul> At the end of the Licence Term: <ul> <li> You agree to delete any saved material from Jacaranda Products you may have retained separately from the online version of Jacaranda Products when your access to Jacaranda Products expires or is otherwise terminated. </li> </ul> &nbsp. Full Terms and Conditions <ol> <li>Access to the Jacaranda Products is governed by these Terms and Conditions and the terms set out in the Summary above.</li> <li>Wiley grants you a non-exclusive, non-transferable licence to access, read and utilise the Jacaranda Products as set out in the Summary. This licence is non-transferable, except in the case of second-hand book sales where a limited licence is transferable, as set out in clause 8. Where you are a parent or guardian entering into these Terms and Conditions on behalf of a child, you may solely grant that one child access to the Jacaranda Products on the terms of these Terms and Conditions.</li> <li>You agree to use Jacaranda Products for your own education and/or teaching use and to view and interact with Wiley Products using your personal log in only. You agree not to share your personal log-in or password with any other person (other than with the child who may be the registered user). You also agree not to make Jacaranda Products, or any part thereof, available on public internet sites or in any way allow anyone without authorised access to read, download or access Jacaranda Products.</li> <li>The licence granted for your use of Jacaranda Products is valid for the Term, as defined in clause 5 below.The Term commences on the date on which you indicate your acceptance to these terms and conditions (“Acceptance Date”).</li> <li>The ‘Term’ is defined as: <ol> <li> Where the access code is contained inside the printed book: where you are the first owner of this book, for a period beginning on the Access Date and ending no earlier than 3 months from the date in which Wiley ceases all sales of this edition of the book, as determined by Wiley.</li> <li> Where the Jacaranda Products are purchased separately: <ol> eBookPLUS <li>if purchased for a one-year course, for 487 days (i.e. approximately 16 months) from the Acceptance Date.</li> <li>if purchased for a two-year course, for 852 days (i.e. approximately 28 months) from the Acceptance Date.</li> eGuidePLUS <li>if purchased for a one-year course, for 487 days (i.e. approximately 16 months) from the Acceptance Date.</li> <li>if purchased for a two-year course, for 852 days (i.e. approximately 28 months) from the Acceptance Date.</li> learnON <li> if purchased for a one-year course, for 487 days (i.e. approximately 16 months) from the Acceptance Date.</li> <li> if purchased for a two-year course, for 852 days (i.e. approximately 28 months) from the Acceptance Date.</li> </ol> </li> <li> Where the Jacaranda Products have been purchased as part of a ‘digital bundle’ product or provided through your School or other Institution: the Term shall be in accordance with your School or Institution’s agreement with Wiley, which is usually for the duration of a school year.</li> </ol> </li> <li>Wiley may grant you access to Jacaranda Products for an initial trial period, in which case the Term runs for a period of 14 days or otherwise at the sole discretion of Wiley. If you choose to convert your trial period into an ongoing licence, by payment of a licence fee or as otherwise determined by Wiley, the continued use of Jacaranda Products will be governed by these terms and conditions.</li> <li>In the event that Wiley continues to provide online access to Jacaranda Products following the expiry of the Term or any termination, the continued use of Jacaranda Products will be governed by these terms and conditions and access can be terminated at any time in Wiley’s discretion.</li> <li>If you have purchased a copy of the print book for a title in association with the Jacaranda Products, you may sell the book to a new user along with the access code contained in the book, however the new user will only be granted limited access to the Jacaranda Products and will be required to pay an additional amount to upgrade to the full version of the Jacaranda Products. The new user thereby becomes the sole user of that access code and will be subject to a new Licence Agreement on registration. You will no longer be able to access the Jacaranda Products with that access code.</li> <li>At the expiration of the Term, these Terms and Conditions will be automatically terminated. If Wiley determines a breach of these Terms and Conditions, your licence and Access Code are automatically terminated. If Wiley terminates the licence due to a breach, such termination will be in addition to any other remedies available to Wiley.</li> <li>Some Jacaranda Products may allow you to: <ul> <li>Add your own original content or post your content in blog or user comment areas (“Your Content”). Remember that all information that is disclosed in blog, comment or other public areas becomes public information and you should exercise caution when deciding to share any of your personal information as part of Your Content</li> <li>Use the Jacaranda Products as modified with Your Content</li> <li>Arrange for third parties to have access to Your Content subject to these Terms and Conditions</li> </ul> By submitting Your Content through the Jacaranda Products, you hereby grant Wiley a worldwide, royalty-free, non-exclusive, sublicensable and transferable license to use, distribute, reproduce, prepare derivative works of, perform and display Your Content in connection with the Jacaranda Products and Wiley’s business, including without limitation for promoting the Jacaranda Products, in all media now known or hereafter devised through any media channels. You acknowledge that use of the Jacaranda Products is for your personal use only.</li> <li>Except as expressly permitted herein, you shall not: <ul> <li>Access the Jacaranda Products by any means other than instructions provided by Wiley</li> <li>Use the Jacaranda Products for any illegal or unauthorized purpose</li> <li>Share with any third party any access codes or account information, including without limitation your username and password that you may create or Wiley may provide in connection with the Jacaranda Products</li> </ul> and/or upload, post or otherwise distribute or facilitate distribution of any content that: <ul> <li>Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy, discriminatory, or is otherwise inappropriate;</li> <li>Infringes on any patent, trademark, trade secret, copyright,right of publicity, or other proprietary right of any party;</li> <li>Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, or any form of lottery or gambling;</li> <li>Constitutes the selling or trading of any merchandise;</li> <li>Constitutes the soliciting for advertisers/sponsors. conducting contests/raffles. displaying advertising/sponsorship art. promoting, soliciting or participating in chain letters or marketing/pyramid schemes;</li> <li>Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;</li> <li>Contains links to sites that violate these Terms and Conditions;or</li> <li>Impersonates any person or entity.</li> </ul> </li> We generally do not pre-screen, monitor or edit the content posted by users of the Jacaranda Products. However, we have the right at our sole discretion to remove any content that, in our judgment, does not comply with the foregoing or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You are responsible for all activity that occurs under your account and you are solely responsible for maintaining the confidentiality of your access codes and account information.You must notify us immediately if you become aware of any unauthorized use of your access codes or account information. <li>You may from time to time provide Wiley with suggestions, ideas or other feedback regarding the Jacaranda Products (“Feedback”). Both parties agree that Wiley shall own such Feedback and is entitled, but not obligated, to use, develop and exploit it in any manner, without restriction or duty to compensate or seek permission from you.</li> <li>If Wiley determines a breach of these Terms and Conditions, your licence to use this site may be automatically terminated. If Wiley terminates the licence due to a breach, such termination will be in addition to any other remedies available to Wiley. Upon termination, you agree to delete any part of Jacaranda Products, which you may have retained in print or electronic form.</li> <li>You acknowledge that all rights (including without limitation, copyrights, patents and trademarks) in the Jacaranda Products (including without limitation the structure, sequence, organisation, flow, logic, source code, object code and all means and forms of operation of Jacaranda Products), other than Your Content (“Wiley Content”) are the sole and exclusive property of Wiley, and/or its licensors. No title to or ownership of any portion of the Jacaranda Products, the Wiley Content or any other products or services manufactured, sold and/or distributed or otherwise made available by Wiley, or any proprietary rights related to those products/services, is or will be transferred pursuant to or by virtue of this agreement. Wiley hereby grants you a limited, non-exclusive, non-sublicensable, revocable license to display and reproduce the Wiley Content (other than software code) solely for your personal use in connection with using the Jacaranda Products in accordance with these Terms and Conditions.</li> <li>Wiley makes no representations or warranties, express or implied, in respect of Jacaranda Products, other than that Wiley will use commercially reasonable best efforts to provide continued access to Jacaranda Products for the period of these Terms and Conditions. To the extent allowable by law, Wiley provides the access ‘as is’ and does not provide any other warranties or guarantees, express or implied, as to any availability, fitness for purpose, merchantability or title of Jacaranda Products or of any third-party software which may be required to access Jacaranda Products. Access to Jacaranda Products may be intermittently unavailable due to repair and maintenance, and other events out of Wiley's control. Where Australian legislation, including but not limited to the Competition and Consumer Act (Cth), implies any condition or warranty on the supply of Jacaranda Products, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement.</li> <li>You acknowledge that third party software may be required or recommended to access or use a particular feature of Jacaranda Products. Wiley may provide links to third party sites where such software may be downloaded. however, Wiley provides no warranties or assurances as to the safety, suitability or any other aspect of any such third-party websites or software. You acknowledge that you will be solely responsible for any damage or loss of data that may result from accessing any third-party website linked from this website or downloading or using any third-party software or files to your own computer from any third-party links and that you do all such actions at your own risk.</li> <li>You warrant that you will not use Jacaranda Products otherwise than in accordance with the terms of these Terms and Conditions.</li> <li>If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. </li> <li>The construction, validity and performance of these terms and conditions and the Summary are governed in all respects by the law of Victoria and the parties unconditionally submit to the jurisdiction of the courts of Victoria.</li> <li>These terms and conditions are subject to change from time to time at the sole discretion of Wiley. Wiley will give notice of its intention to vary the terms of the Agreement to all users. If it does so, your continued use of Jacaranda Products will be deemed acceptance of these revised terms. Otherwise, these terms may be also amended by agreement in writing between Wiley and yourself or with your School if they have provided you with access.</li> <li>Wiley may make changes to Jacaranda Products, and you agree that Wiley may, from time to time, notify you regarding updates, additions or amendments to Jacaranda Products and any associated services. Personal information received in relation to these Terms and Conditions will be treated by Wiley in accordance with the Jacaranda Privacy Policy. Wiley will process and store profile information that you provide to Wiley in accordance with this policy.</li> <li>Where access to the Jacaranda Products has or will be provided to you by your institution or school (“Institution”), then in accessing the Jacaranda Products you consent to Wiley: <ul> <li>Collecting the following personal information about you from the Institution: first and last name, institution, year level;</li> <li>Disclosing personal information to your Institution directly relevant to your use of the Jacaranda Products, such as results of assessments set by instructors and other analytics regarding your access to the Jacaranda Products.</li> </ul> </li> </ol>