1. These terms

These terms apply to the purchase of e-publications by Eleanor Curtain Publishing Pty Ltd ABN 59 158 519 978 (ECP, we, us and our). 

When we refer to “e-publications” we are referring to those digital publications which we make available on a subscription basis via our websites, usually on a charged-for basis, and which are accessed via a digital platform.   E-publications should be differentiated from other e-publications, such as downloadable resources, which we make available on our websites from time to time. 

When you purchase e-publications from us, these terms will apply to your order in addition to our Website Terms and Privacy Policy.  If there is any inconsistency between these terms and either of those other sets of terms, these terms prevail.

2. Placing an order for e-publications 

Our order process for e-publications is as follows:

1. You place an order for e-publications via our website, which will include providing us with an email address 
2. Your payment will be processed and you will be charged for the order
3. You will be sent (i) a copy of your invoice by email and (ii) an activation code for digital access to the relevant content
4. You can use that activation code to access our e-publications via our nominated digital platform (see further information below)
5. Your usage rights relating to the purchased e-publications will apply for the subscription term (see further details below)
   

3. Using your e-publications via the third party platform

Access to our e-publications is via our nominated digital platform (the platform).  Please note this is the only means by which you can access our e-publications – they cannot be downloaded as PDFs or in any other file format, nor can they be accessed via other third party platforms or device.  

The platform which applies to your order will be stated in these terms.  

At the current time, the platform is the Bookshelf platform, accessible here]. Bookshelf is operated by VitalSource Technologies LLC (VitalSource), a US-based software vendor.  

Please note:

• Our e-publications are only accessible via the platform. Please ensure you are happy to access and use the platform prior to purchasing our content.
• As a condition to accessing and using the platform, you will be required to accept the platform operators’ terms, which should include its own privacy policies.   Those platform terms will apply to your use of our e-publications in addition to these terms.  You will be bound by those terms and will be required to comply with them.   
• If you breach the platform’s terms, you may be denied access to the platform and hence be unable to access our e-publications.  Please note we do not offer refunds in this instance. 

We may change our nominated platform occasionally, although we will seek to keep this change to a minimum.  If you have an ongoing subscription period relating to one of our e-publications and wish to continue to access this, you will be required to change to our new platform within a reasonable timeframe.  

4. Your use of e-publications

When you purchase our e-publications, you are obtaining a single licence from us to use that e-publications for a specific duration (which we call the ‘subscription term’).  You are permitted to use our e-publications for the subscription term only and subject always to these terms.  

Please note that if you breach these terms, your right to use the e-publications will end, even if your subscription term is still running.  

The subscription term which applies to your purchase will be stated on our website prior to you placing the order and will also appear on your confirmation email. 

Summary of subscription terms “Lifetime Access” – there is no time limit imposed on your access to e-publications, but see below regarding our rights to bring your subscription to an end,  Specified period (for example “6 Month Subscription”) – the subscription period runs for the nominated period

We may vary the available subscription terms from time to time, but such changes will only affect orders placed after the date of the change.  
Your subscription period will run from the date you first use the activation code on the platform .  Please note your subscription period will run regardless of whether you make further use of the e-publications after that date.  We are unable to suspend or defer subscription periods once they have commenced.  

“Lifetime Access” refers to the grant of access for the reasonable shelf-life of the e-publication.  Please note we shall be entitled to bring your “Lifetime Access” subscription period to an end in the event:

• We no longer have the right to grant you access to the content i.e. where the content is licensed from a third party and our licence to provide it to you ends
• We have any other reasonable reason for withdrawing the content from publication i.e. where it contains factually inaccurate information or is out of date
• For any reason, where your subscription period has already run for 5 or more years (being the deemed shelf life of our e-publications)

If we bring your “Lifetime Access” subscription period to an end early, you may apply for the following refund:

Duration of subscription period	Refund
Less than 6 months	50% of price
6 – 12 months	15% of price
More than 12 months	No refund

 

5. Transferring your right to use e-publications

The activation code we issue is personal to you.  It cannot be transferred to anyone else.  Therefore it is not possible to gift your subscription to anyone else, nor are you allowed to share your subscription to the e-publications with other people.  Please note use of your activation code will be monitored by the platform and misuse can will amount to a breach and may result in you being refused access to the platform and to our e-publications. 

6. Our intellectual property rights

We are the owner or the licensee of all intellectual property rights in our e-publications. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Once you purchase e-publications, you access and use such content solely for your own non-commercial use in connection with study and teaching activities.  You must not sell, lease, licence or otherwise deal with our e-publications other than as permitted in these terms.

To the extent you are permitted to do so by the platform, you may download and print parts of the e-publication for the same purposes as stated above and subject to the same limitations.  If the platform imposes limits on your downloading, printing or copying of the content, you must not circumvent those.  Any circumvention of these limits will be a breach of these terms.  

You must not modify the digital copies and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.  Our status (and that of any identified contributors) as the authors of the e-publications must always be acknowledged.

You must not use any part of our e-publications for commercial purposes.

You must not delete or alter any copyright, trade mark or other proprietary rights notices from the e-publications.

7. Refunds

Please refer to our Website Terms for supply terms which apply to our products including e-publications, including terms relating to cancelations, returns and refunds. 

8. Incorrect account or order details, misplaced or shared activation codes

It is your responsibility to ensure that all order details provided by you are correct and up to date.  We will use the email address provided to us when we send you the activation code.  

We accept no responsibility, nor do we offer any refunds, in the event you provide us with an incorrect email address. 

Please treat your activation code with care and do not share it with anyone else.  We do not offer refunds in the event of misplaced, lost or stolen activation codes.  If you have lost your activation code please contact us and we may be able to re-issue it.

9. Breach of these terms

If you misuse our e-publications in breach of these Terms, your right to use such e-publications will cease immediately and you must, at our option, return or destroy any digital or physical copies of the materials you have made.  You will no longer have permission to use our e-publications for any purposes.  This will be the case even if your subscription term has not yet ended.  

10. Changes to these Terms

We amend these Terms from time to time. Every time you wish to use purchase e-publications from us, please check these Terms to ensure you understand the terms that apply at that time.  

The amendments will take effect immediately when they are posted on the Site and will apply to all orders made after that date.

11. Other

If any part of these Terms is found to be illegal, invalid or unenforceable then it should be read differently to the extent necessary to ensure that it is not illegal, invalid or unenforceable.  If that is not possible, the relevant part should be deleted from these Terms and the rest of these Terms will continue to have full force and effect.

These Terms are governed by the laws of the State of Victoria, Australia and you and ECP each irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Victoria.