eBOOK DOWNLOAD – TERMS & CONDITIONS
1.1 These terms and conditions shall govern the sale and supply of downloadable eBooks through our website, and the use of those eBooks.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer.
2.1 In these terms and conditions:
(a) “I” means Robert Nicholls (and “my and “me” should be construed accordingly).
(b) “you” means our customer or prospective customer under these terms and conditions (and “your” should be construed accordingly).
(c) “eBooks” means those eBooks that are available for purchase on my website.
(d) “eBook Disclaimer” means the disclaimer which is set out in the initial pages of each eBook and on my website at https://robertnicholls.online/ebook-disclaimer/
(e) “free eBooks” means those eBooks that are offered for no charge on my website; and
(f) “your eBooks” means any such eBooks that you have purchased through my website (including any enhanced or upgraded version of the eBooks that I may make available to you from time to time).
3. Order process
3.1 The advertising of eBooks on my website constitutes an “invitation to treat” rather than a contractual offer.
3.2 No contract will come into force between you and me unless and until I accept your order in accordance with the procedure set out in this Section 3.
3.3 To enter into a contract through our website to purchase downloadable eBooks from me, the following steps must be taken: you must add the eBooks you wish to purchase to your shopping cart, and then proceed to the checkout; you must consent to the terms of this document and the eBooks Disclaimer; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; I will then send you an initial acknowledgement, and I will either send you an order confirmation (at which point your order will become a binding contract) or I will confirm by email that I am unable to meet your order.
3.4 Clauses 3.2, 3.3, 4 and 5 do not apply to free eBooks. Orders for free eBooks shall be governed exclusively by clause 3.5. For the avoidance of doubt, all other terms and conditions set out within this document, and the eBook Disclaimer continue to apply to all eBooks, including free eBooks.
3.5 To receive a free eBook through my website the following steps must be taken: after you enter the My Free eBooks page, you must select the desired eBook on that page by clicking on the Get the eBook button; on the next page, you will need to enter your email address into the field marked for this purpose and, by doing so, you are consenting to the terms of this document and the eBooks Disclaimer; I will then send you an email to your nominated email address which contains a link to confirm the validity of the email address you entered; you must confirm your email and authenticate your humanity; I will then send you an email containing links to the free eBook requested in various file formats including PDF, EPUB and MOBI.
4.1 Prices for eBooks are quoted on my website.
4.2 From time to time, I will change the prices quoted on my website, but this will not affect contracts that have previously come into force.
4.3 All amounts stated in these terms and conditions or on my website are stated inclusive of GST.
5.1 You must, during the checkout process, pay the total amount of the prices of the eBooks you order.
5.2 Payments may be made by any of the permitted methods specified on my website from time to time.
6. Licensing of eBooks
6.1 I will supply your eBooks to you in the format or formats specified on my website, and by such means and within such periods as are specified on my website.
6.2 Subject to your payment of the applicable price and compliance with these terms and conditions and the eBook Disclaimer, I grant to you a worldwide, non-expiring, non-exclusive, non-transferable licence to make any use of your eBooks permitted by Section 6.3, providing that you must not in any circumstances make any use of your eBooks that is prohibited by Section 6.4.
6.3 The “permitted uses” of your eBooks are:
(a) downloading a copy of each of your eBooks;
(b) making, storing, and viewing copies of your eBooks on not more than three (3) desktop, laptop or notebook computers;
(c) making, storing, and viewing copies of your eBooks on not more than three (3) eBook readers, smartphones, tablet computers or similar mobile devices; and
(d) printing a single copy of each of your eBooks solely for your use.
6.4 The “prohibited uses” of your downloads are:
(a) the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution, or redistribution of any eBook (or part thereof) in any format;
(b) the editing, modification, adaptation, or alteration of any eBook (or part thereof), and the creation of any derivative work incorporating any download (or part thereof);
(c) the use of any eBook (or part thereof) in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
(d) the use of any eBook (or part thereof) to compete with me, whether directly or indirectly;
(e) any commercial use of any eBook (or part thereof); and
(f) the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any eBook for the purpose of preventing unauthorised use.
6.5 You warrant to me that you have access to the necessary computer systems, media systems, software, and network connections to receive and enjoy the benefit of your eBooks.
6.6 All intellectual property rights and other rights in the eBooks not expressly granted by these terms and conditions are hereby reserved.
6.7 You must retain, and must not delete, obscure, or remove, copyright notices and other proprietary notices on or in any eBook.
6.8 The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.
6.9 If you breach any provision of these terms and conditions, then the licence set out in this Section 6 will be automatically terminated upon such breach.
6.10 You may terminate the licence set out in this Section 6 by deleting all copies of the relevant eBooks in your possession or control.
6.11 Upon the termination of a licence under this Section 6, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant eBooks in your possession or control, and permanently destroy any other copies of the relevant eBooks in your possession or control.
7. No Refund
7.1 You agree that there will be no refund of any kind once the contract has been entered into by you and me in accordance with these terms and conditions.
8. Warranties and representations
8.1 You warrant and represent to me that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power, and capacity to agree to these terms and conditions; and
(c) all the information that you provide to me in connection with your order is true, accurate, complete, current, and non-misleading.
8.2 We warrant to you that your eBooks will be supplied to you with reasonable care and skill.
8.3 All of our warranties and representations relating to eBooks are set out in these terms and conditions and the eBook Disclaimer. To the maximum extent permitted by applicable law and subject to Section 9.1, all other warranties and representations are expressly excluded.
9. Limitations and exclusions of liability
9.1 Nothing in these terms and conditions will:
(a) limit any liabilities in any way that is not permitted under applicable law; or
(b) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
9.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions and the eBook Disclaimer:
(a) are subject to Section 9.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
9.3 I will not be liable to you in respect of any losses arising out of any event or events beyond my reasonable control.
9.4 I will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
9.5 I will not be liable to you in respect of any loss or corruption of any data, database, or software.
9.6 I will not be liable to you in respect of any special, indirect, or consequential loss or damage.
9.7 My aggregate liability to you in respect of any contract to provide products or services to you under these terms and conditions and the eBook Disclaimer shall not exceed the total amount paid and payable to me under the contract.
10.1 I may revise these terms and conditions from time to time by publishing a new version on my website.
10.2 A revision of these terms and conditions will apply to contracts entered at any time following the time of the revision but will not affect contracts made before the time of the revision.
11.1 You hereby agree that I may assign, transfer, sub-contract or otherwise deal with my rights and/or obligations under these terms and conditions.
11.2 You may not without my prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
12. No waivers
12.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
12.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
13.1 If a provision of these terms and conditions or the eBook Disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
13.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14. Third-party rights
14.1 A contract under these terms and conditions is for my benefit and your benefit and is not intended to benefit or be enforceable by any third party.
14.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
15. Entire agreement
15.1 Subject to Section 9.1, these terms and conditions, together with the eBook Disclosure, shall constitute the entire agreement between you and me concerning the sale and purchase of my downloads and the use of those downloads, and shall supersede all previous agreements between you and me about the sale and purchase of my downloads and the use of those downloads.
16. Law and jurisdiction
16.1 These terms and conditions shall be governed by and construed in accordance with the laws of Australia.
16.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Australia.
© 2020. Robert Nicholls. All Rights Reserved.