Terms of purchase and use
Last updated on: 19 December 2018
You may access certain parts of the Website without subscribing or providing OUP with your details.
If you have any questions about these Terms please contact Customer Support on firstname.lastname@example.org
Please read these Terms carefully and make sure that you understand them before ordering any Products.
If you accept these Terms on behalf of an Institution you are personally representing to OUP that you have the authority to enter into the Terms on behalf of your Institution.
These terms are available on the Website and will be updated as required. You should print a copy of these Terms at the time of purchase, or save them to your computer for future reference.
Please check these Terms each time you wish to order Products to ensure you understand the terms and conditions which will apply at that time.
If we discover that the information on the Website has become incomplete, out of date or inaccurate and may contain technical inaccuracies or typographical errors, we reserve the right to update the Website at our sole discretion. Thus, such information may be changed or updated without notice.
INFORMATION ABOUT US
We operate the website www.oxforddigital.com.au . We are the Chancellor, Masters and Scholars of the University of Oxford, trading as Oxford University Press (ARBN 007 510 125) of Level 8, 737 Bourke Street, Docklands, VIC, 3008, Australia (“OUP”).
DEFINITIONS OF WORDS AND PHRASES USED
Access Period means the period of time for which you are entitled to access Products as set out in your order form, or other purchase request or as notified to you;
Authorised User means a student or employee of an Institution;
Institution means a school or college or similar institution engaged in the field of education that has been authorised to grant access to the Products to its Authorised Users;
Personal Data means information about a person that can identify an individual, for instance name, email address, age;
Product(s) means the digital products available on the Website or in our catalogues;
Sales Tax means value added tax, goods and services tax and similar sales of excise tax, as applicable;
Terms means these terms and conditions; and
You means the individual or entity to whom the Products have been made available (and includes for the avoidance of doubt Authorised Users) and, where the context allows, an Institution.
TERMS OF PURCHASE
The prices of the Products will be as set out on the Website from time to time. If you are buying a Product then your access or use of the Product is conditional on receipt of the payment by OUP.
Images of the Products are for illustrative purposes only. The Products you receive may vary slightly from those images.
All Products are subject to availability. We will inform you in writing as soon as possible if the Product you have ordered is not available.
You must be at least 16 years old before you can purchase any Products from us.
We use reasonable endeavours to ensure that the prices of Products are correct. If, prior to processing your order, we discover an error in the price of a Product, we will process your order and invoice you at the correct price. If, after processing your order and invoicing you, you or we discover an error in the Price of the Products you ordered, we will endeavour to rectify this situation as soon as is reasonably practical. You will be entitled to a full refund if you decide you wish to return the Product(s) affected.
The price of a Product includes, where applicable, Sales Tax at the current rate chargeable in Australia or in New Zealand as applicable.
If we are unable to supply you with Products (for example because one or more Products is not accessible or is no longer available) but you have already paid for the Products, you may be entitled to a refund of the amount you have paid.
There may be countries to which OUP is unable, for legal reasons and at its sole discretion, to supply the Products.
You acknowledge that, in connection with your purchase of Products, you have not relied on any statement, promise or representation made or given by or on behalf of OUP which is not set out in these Terms.
INTELLECTUAL PROPERTY RIGHTS
All rights are reserved. No illustration from the Website may be copied, modified, published or broadcast or otherwise distributed.
All intellectual property rights in the Products are owned by or licensed to OUP. The Products must not be used, displayed, modified, adapted, distributed, transmitted, transferred, published or otherwise reproduced in any form by any means other than strictly in accordance with these Terms or other relevant terms.
You shall promptly give us notice in writing in the event that you become aware of any infringement or suspected infringement of these Terms. In such case, OUP shall determine what action if any shall be taken and shall have sole control over the matter.
Without prejudice to any other right or remedy, OUP reserves the right to withdraw access to the Products immediately if it becomes aware of any infringement of the intellectual property rights in the Products by you or (if are an Institution) one of your Authorised Users.
DATA PROTECTION AND PRIVACY
If you are an Institution, or buying Products on behalf of an Institution, and provide us with Personal Data in relation to your Authorised Users, you warrant that you have obtained all necessary consents in accordance with applicable legislation from the individuals concerned to provide such Personal Data to OUP. You will inform us of any changes to such Personal Data during the contractual term.
There may be other OUP terms that you must accept, or are deemed to accept, before you access or use the Products. Such terms may be found online, or within the Products themselves. In the event of a conflict between these Terms and such additional terms, the latter shall prevail.
OUP grants you, for the Access Period, a non-exclusive, non-transferable licence to access or use the Products to which you or, in the case of an Authorised User, your Institution, have subscribed.
Access codes inserted into books are valid for use by the first purchaser of the book and can be reactivated for a fee upon expiry.
You will notify OUP immediately of any errors you find within the Products by emailing to email@example.com
You shall not:
- print off or make copies in any format from the Products unless this has been expressly permitted;
- attempt to duplicate, modify, disclose or distribute any part of the Products other than through “share” functionality provided within the Products or software application through which you view the Products; or
- attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form any of the Products.
Recognising the damage to OUP's business that could flow from unauthorised use of the Products, you:
- will use your best endeavours to keep the Products secure from unauthorised use;
- may (if relevant) only log in under your own user ID and password. Passwords and user ID information must not be disclosed to anyone else; and
- will notify OUP immediately of any infringement of this agreement or abuse of user name or password (if any) or you become aware of any of the following: (a) any loss or theft of password(s); (b) any unauthorised use of any user ID or password(s).
OUP will provide you with reasonable technical support subject to the following limitations:
- OUP takes no responsibility for any incompatibility between your browser and the Products; and
- You will obtain at your cost all telecommunications and other equipment together with all relevant third party software licenses necessary to access or use the Products.
Please direct any requests for technical support to: firstname.lastname@example.org
OUP may withdraw your rights to access and/or use of the Products immediately if you are in material breach of these Terms.
Upon termination for whatever reason, you shall (and if you are an Institution you shall procure that your Authorised Users shall) cease using the Products.
WITHDRAWAL OF MATERIAL
OUP reserves the right at any time to withdraw any Products or parts of Products if it no longer retains the right to publish such material or if in OUP’s sole discretion there are reasonable grounds for believing that such materials contain elements that infringe copyright or other intellectual property rights of third parties or are defamatory, obscene, unlawful or otherwise objectionable.
OUR RIGHT TO VARY THESE TERMS
We may revise these Terms from time to time at our discretion.
Every time you order Products from us, the Terms in force at that time will apply to that purchase.
Whenever we revise these Terms, the amended Terms will be published on the Website as soon as reasonably practical.
OUP makes no warranties or representations of any kind concerning the accuracy or suitability of the information contained on the Website for any purpose. All such information is provided ‘as is’ and with specific disclaimer of any warranties of merchantability, fitness for purpose, title and/or non-infringement. OUP makes no warranties or representations of any kind that the Products available for purchase on the Website will be uninterrupted, error-free or that the Website or the server that hosts the Website are free from viruses or other forms of harmful computer code.
LIMITATION OF LIABILITY
OUP's entire liability in contract, tort, negligence or otherwise for damages or other liability (including without limitation where access cannot be granted to the Products, or for loss of data or for intellectual property infringement) shall not exceed the amount paid by you for use of the Products.
To the maximum extent permitted by law, OUP shall have no liability whatsoever to you for: any loss of profit (whether direct or indirect); any loss of business (whether direct or indirect); any business interruption (whether direct or indirect); any loss arising from viruses, trojans or other harmful elements being introduced into your computer or network (whether direct or indirect); any loss of business opportunity (whether direct or indirect); and/or any indirect, consequential or special loss.
This does not affect OUP’s liability for death or personal injury arising from OUP’s negligence, OUP‘s liability for fraudulent misrepresentation and/or any other liability which cannot be excluded or limited under applicable law.
Links to other web sites are provided by OUP in good faith and for information only. OUP disclaims any responsibility for the materials contained in any web site linked to this Website.
In addition, a link to a non-OUP website does not mean that OUP endorses or accepts any responsibility for the content, or the use, of such website or the products and/or services offered on such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojans and other items of a destructive nature.
While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
GLOBAL NATURE OF WEBSITES
You recognise the global nature of the Website and thus, agree to comply with all applicable local laws in your jurisdiction when using the Website.
Information we publish on the Website may contain references or cross-references to our services and/or products offered that are not announced or available in your country. Such references do not imply that we intend to announce such services and/or products in your country.
COMMUNICATION BETWEEN US
For the purposes of these Terms, "in writing" includes email.
Unless expressly stated elsewhere in the Terms or on specific pages of the site, all notices given by you to us must be given to email@example.com as applicable.
Communication from you to OUP:
- Any notice given by you to OUP under or in connection with these Terms shall be in writing and shall be delivered to OUP personally, sent by commercial courier, sent by fax or sent by email.
- Your notice to OUP shall be deemed to have been duly received by OUP if delivered personally, when left at OUP's premises at Level 8, 737 Bourke Street, Docklands, Victoria, 3008; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; if sent by fax, on the next business day after transmission, or if sent by email, the next business day after it was sent.
Communication from OUP to you:
- Any notice given by OUP to you under or in connection with these Terms shall be in writing and shall be delivered to OUP personally, sent by commercial courier, sent by fax or sent by email or posted on the Website.
- OUP's notice to you shall be deemed to have been duly received by you, if delivered personally, when left at the address which you have supplied to us or at your registered office (where you are a company); if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; if sent by fax, on the next business day after transmission; if sent by email, the next business day after it was sent, or if by posting on the Website, immediately when posted on that site.
The provisions of this section shall not apply to the service of any proceedings or other documents in any legal action.
OUP shall have no liability to you under these Terms if it is prevented from, or delayed in performing, its obligations or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including without limitation industrial disputes, failure of a utility service or transport network, malicious damage, act of God, war, riot, accident, fire, storm or default of suppliers.
You may not assign or attempt to assign your rights or obligations under these Terms to another party without our written consent.
The failure of either party to enforce any of the Terms shall not be construed as a waiver of future performance or any such Terms.
If any provision of these Terms is held by any court or other competent authority to be void or unenforceable in whole or part, these Terms shall continue to be valid as to the other provisions thereof and the remainder of the affected provisions.
You agree that these Terms shall be exclusively governed in accordance with the laws of subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.
If you have any concerns about material which appears on the Website, please contact firstname.lastname@example.org or call 1300 650 616.
Thank you for visiting the Website.