Terms and Conditions for subscription to, and use of, the Teach LIS and Information Literacy With a Sense of Humor
1. Interpretation
1.1 Capitalised terms and expressions used in this Subscription Agreement shall have the meanings given to them in the section headed Definitions at the end of these Terms and Conditions.
2. Subscription Process
2.1 A Subscription Agreement for the two titles “Teach Library and Information Science With a Sense of Humor” and “Teach Library and Information Literacy With a Sense of Humor (hereafter “Teach LIS and Info Literacy With a Sense of Humor” shall be entered into as follows:
2.1.1 The Institution shall submit an offer to the Curious Academic Publishing (ABN 62 425 100 707) (hereafter “The CAP”) to enter into a Subscription Agreement by completing and submitting the Order Form and these Terms and Conditions (an “Offer”). It is the Institution’s responsibility to ensure that all of the details it provides to The CAP via the Order Form are correct and complete.
2.1.2 Upon receipt by The CAP of all payments required by clause 4 in cleared funds in accordance with the terms specified in the Invoice (or other payment methods such as bank/wire transfer, check payment, or payment by PayPal may be agreed between the parties in writing), The CAP shall send the pdf copy of the content to the Institution electronically.
3. Access to the Teach LIS and Info Literacy With a Sense of Humor and Intellectual Property
3.1 Subject to these terms of use, for the Subscription Period, The CAP grants to the Institution a non-exclusive, non-transferable right to:
(a) access the Teach LIS and Info Literacy With a Sense of Humor e-books; and
(b) download and import the pdf file from the Institution’s Website/Repository for use only:
(i) on the Institution’s online library catalogues/system; and
(ii) within the Institution.
3.2 Subject to clause 3, the CAP:
(i) owns the intellectual property in the Teach LIS and Info Literacy With a Sense of Humor; and
(ii) retains all rights to Teach LIS and Info Literacy With a Sense of Humor under the Copyright Act 1968 (Cth).
3.3 The CAP also grants to the Institution for the duration of this Subscription Agreement a non- transferable, non-exclusive right to use the cover design/image and content, solely to the extent necessary for viewing and promoting the contents of the Teach LIS and Info Literacy With a Sense of Humor in accordance with the Subscription Agreement.
3.4 The Institution undertakes not to copy, reproduce, publish, distribute, sell, exploit or otherwise part with or make any other use of the Intellectual Property except to the extent required by the Copyright Act 1968 (Cth)., nor to authorise, enable or assist any third party in doing so.
3.5 If the Institution uses a cloud based system where catalogue records are shared or collective, then it may transfer the e-book files to such system.
3.6 The Institution shall indemnify The CAP from and against any losses, damages, costs, charges, expenses and other liabilities (including, without limitation, reasonable legal fees), incurred or awarded against The CAP as a result of, or in connection with, the Institution's use of the Intellectual Property of the Teach LIS and Info Literacy With a Sense of Humor otherwise than in accordance with the Subscription Agreement.
3.7 The Institution shall store Teach LIS and Info Literacy With a Sense of Humor in its secured digital repository or online library system or catalogue so that only the Institution’s community members (such as its students, staff, patrons etc.) with their login ID to the Institution’s website can access. In case the Institution does not have such secured repository/website, the Institution shall notify The CAP and alternative arrangements will be negotiated.
4. Subscription Fee and Billing
4.1 The suggested Subscription Fee (GST inclusive) shall be payable per Subscription Year in advance. Subscription fees are non-refundable; although that the Institution may cancel the renewal of the subscription at any time.
4.2 Upon Acceptance of the Institution’s Offer and prior to the end of each Subscription Year The CAP will send to the Institution an invoice, confirming the details of the Subscription Agreement (including the Subscription Fee and the invoice date) for the successive Subscription Year by post, or by electronic means (the “Invoice”) and the Institution shall pay such Invoice in accordance with the terms specified therein.
4.3 The Institution may only have access to the Teach LIS and Info Literacy With a Sense of Humor content upon receipt by The CAP of all of the Institution’s payments as required and in accordance with this Subscription Agreement. The Institution acknowledges that The CAP may refuse to activate or suspend the Institution’s access to the Teach LIS and Info Literacy With a Sense of Humor and/or terminate this Subscription Agreement in accordance with Clause 8.1 if The CAP has not received the Institution’s payment on the relevant due dates.
4.4 The Institution shall be responsible for checking and monitoring the integrity of its security measures and whether Unauthorised Access to the Teach LIS and Info Literacy With a Sense of Humor is being gained, and the Institution shall inform The CAP immediately if the security measures are compromised in any way or if Unauthorised Access is being gained and shall use its best endeavors to ensure that any such Unauthorised Access to the Teach LIS and Info Literacy With a Sense of Humor is stopped and adequate security measures are reinstated.
5. Representations
5.1 Except as set out in the Subscription Agreement and to the fullest extent permitted by the laws applicable to the Subscription Agreement, The CAP disclaims all warranties, representations and statements with respect to the Teach LIS and Info Literacy With a Sense of Humor, either express or implied, whether by statute or otherwise, including, but not limited to, any implied warranties of satisfactory quality or fitness for a particular purpose.
5.2 The CAP makes no representation that the Teach LIS and Info Literacy With a Sense of Humor pdf file shall be free from all known viruses and the Institution shall, at its own expense, employ such virus scanning software and take such precautions in respect of its use of the Teach LIS and Info Literacy With a Sense of Humor as the Institution shall consider necessary.
5.3 The CAP does not warrant the accuracy, completeness or applicability of the information contained in the Teach LIS and Info Literacy With a Sense of Humor, and the Institution hereby agrees and undertakes that it shall not rely on any information on the Teach LIS and Info Literacy With a Sense of Humor.
5.4 The individual who exchanges the electronic communication or completes the Order Form has the requisite authority to bind the Institution to the terms of this Subscription Agreement. The Institution agrees that payment by any payment method in accordance with clause 2 confirms the authority of that individual to bind the Institution to the Subscription Agreement.
5.5 Each party represents and warrants to the other that:
5.5.1 it has The Capacity and authority to enter into and perform this Subscription Agreement;
5.5.2 the making of and performance of this Subscription Agreement does not conflict with any existing obligations of that party; and
5.5.3 once duly entered into, this Subscription Agreement will constitute its legal, valid and binding obligations on it.
6. Limitation of The CAP's Liability
6.1 In any event, the maximum aggregate liability of The CAP for any losses or damages in connection with this Subscription Agreement shall not exceed the amount paid by the Institution in settlement of the Subscription Fee for the Subscription Year in which the Institution has incurred such losses or damages.
7. General
7.1 The Subscription Agreement may be amended by The CAP from time to time and shall constitute the entire agreement between the parties relating to the use of the Teach LIS and Info Literacy With a Sense of Humor.
7.2 Without prejudice to clauses 5.1 or 8.1, The CAP reserves the right to amend the terms and conditions in this Subscription Agreement from time to time by giving the Institution not less than 15 (fifteen) days written notice (by post, facsimile or by electronic means), which, in the case of a variation of the Subscription Fee only, shall expire on an anniversary of the Subscription Date. Notwithstanding this, the Institution may, within the notice period pursuant to the clause 7.2, terminate this Subscription Agreement by giving written notice to the CAP (by electronic means) if it does not agree with the amendments to the terms and conditions in this Subscription Agreement.
7.3 Neither party may, without the prior written consent of the other, assign or transfer this Subscription Agreement or any rights under this Subscription Agreement to any third party. Notwithstanding this, The CAP may, without the Institution’s consent, assign or transfer this Subscription Agreement or any rights under this Subscription Agreement to an affiliate, an acquirer of assets, or a successor by merger.
7.4 These terms of sale are governed by and construed in accordance with the law of Victoria and the parties submit to the jurisdiction of the courts and tribunals of that State.
8. Duration, Termination and Effects of Termination
8.1 This Subscription Agreement takes effect in accordance with clause 2.1.2 and the Institution's access to the Teach LIS and Info Literacy With a Sense of Humor content (a pdf file) shall be provided on the date this Subscription Agreement is signed by the both parties (the “Subscription Date”) for an initial period of 1 (one) Subscription Year (12 months) and thereafter unless or until this Subscription Agreement is terminated by either party giving to the other party not less than 30 (thirty) days prior written notice (by post, or by electronic means) of termination expiring on an anniversary of the Subscription Date.
8.2 The CAP may terminate the Subscription Agreement with immediate effect by giving the Institution written notice (by post or by electronic means) if the Institution is in breach of any of its obligations under the Subscription Agreement and such breach (a) is not capable of remedy, or (b) is capable of remedy but has not been remedied within 15 (fifteen) days of the date of The CAP’s notice to the Institution requiring such remedy;
8.3 The Institution may terminate the Subscription Agreement in accordance with clauses 4.1, 7.2 and 8.1.
8.4 If the subscription to Teach LIS and Info Literacy With a Sense of Humor is terminated pursuant to clauses 8.2 or 8.3, the Institution will immediately, destroy all digital files and links associated with Teach LIS and Info Literacy With a Sense of Humor and, at the request of The CAP, provide written assurance to the CAP of compliance with this clause 8.4.
The Curious Academic Publishing (ABN 62 425 100 707)
Email: curious.publishing@gmail.com
Definitions
“Institution” means the natural or legal person or entity who is entering into this Subscription Agreement with The CAP;
“Login ID” means any user identification code issued by the Institution to their members (e.g. students, staff) which provides access to the Institution’s secured page/content;
“Teach LIS and Info Literacy With a Sense of Humor” means the electronic version of the e-book “Teach LIS and Info Literacy With a Sense of Humor: Why Study Marketing” (ISBN 978-1-925128-42-0) which is accessed via the Institution’s Website;
“Subscription Agreement” means these Terms and Conditions, the Order Form and any other documents (in any medium) which are referred to as part of the Terms and Conditions or the Order Form;
“Subscription Fee” means the fee payable by the Institution for being provided access to the Teach LIS and Info Literacy With a Sense of Humor;
“Subscription Year” means the period of one year calculated from the Subscription Date and thereafter from each anniversary of such date;
“Unauthorised Access” means the gaining of access to the Teach LIS and Info Literacy With a Sense of Humor by any person associated with the Institution (including any employee, agent, sub-contractor or any other person using the Institution's premises or computer terminals) who is not authorised to do so by the Subscription Agreement;
