TERMS AND CONDITIONS
The Literature Lab products are sold to you (the customer) under the following terms and conditions of use:
TERMS OF SERVICE
PART 1. GENERAL TERMS OF SERVICE
This website is operated by the Literature Lab. Throughout the site, the terms “we”, “us” and “our” refer to the Literature Lab. The Literature Lab offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall the Literature Lab, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Literature Lab and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The Literature Lab, 103 Queens Road Lawson New South Wales AU 2783.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
TERMS OF SERVICE
PART 2. TEACHING RESOURCE LICENCE
Your use of the Licensed Material (as defined below) is strictly subject to the terms and conditions contained in this Teaching Resource Licence (this "Licence"). This Licence is a legally binding agreement between You and The Literature Lab in relation to Your use of the Licensed Material. By using the Licensed Material, You confirm that You accept the terms and conditions under this Licence and agree to be bound by them. Please read the terms and conditions under this Licence carefully.
Section 1 - Definitions.
- Adapted Material means material subject to Copyright that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified. For the avoidance of doubt, all rights in any Adapted Material will be owned by the Owner (as defined below).
- Author means the creator of the Licensed Materials.
- Copyright means copyright and database right which subsist in the Licensed Material.
- Effective Technological Measures means those measures that are taken to control unauthorised copying, transmission and use of any materials (such as encryption).
- Exceptions and Limitations means fair dealing and/or any other legal, statutory or common law exception or limitation to Copyright that applies to Your use of the Licensed Material.
- Licence has the meaning given in the preamble to this Licence.
- Licensed Material means the artistic or literary work, image, video or audio recording, database, and/or other material supplied to You by the Licensor (pursuant to its agreement with the Owner) for use under this Licence.
- Licensed Rights means the rights granted to You by the Licensor under this Licence.
- Licensor means The Literature Lab, a company whose registered office is at 103 Queens Road, Lawson, NSW, AU, 2783.
- Limited Licence has the meaning given in Section 2(a)(5)(A)(a).
- Owner means the owner of the Copyright (and may or may not be the author).
- Price means the price stated as being payable by You in connection with the Licensed Material at the time of Your completion of the procedure to purchase access to the Licensed Material through the Licensor’s (or its affiliate’s) website.
- Share means to provide the Licensed Material to the public (other than in accordance with Sections 2(a)(1)(B) or 2(a)(1)(C) only) by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
- Student means any student, pupil, tutee or similar individual whom You Teach, and Students means more than one of them.
- Student Limit has the meaning given in Section 2(a)(6).
- Teach means to direct the learning, via a live (not pre-recorded) session, of an identifiable person or a limited group of identifiable people. Teaching has a corresponding meaning.
- Website T&Cs means the terms and conditions applicable to Your use of the Licensor’s and/or its affiliate’s websites (including without limitation those terms and conditions available here: https://literature-lab.com/pages/terms-conditions
- You means the individual or entity exercising the Licensed Rights under this Licence as the licensee. Your has a corresponding meaning.
Section 2 - Scope.
Subject to the terms and conditions of this Licence, and in consideration of Your payment to the Licensor of the Price, the Licensor hereby grants You (pursuant to its agreement with the Owner) a worldwide, non-exclusive, non-sublicensable (save as provided under Section 2(a)(5)(A)(a) below), irrevocable (save as provided under Section 6 "Term and Termination", below) sub-licence to:
- use and reproduce the Licensed Material (in whole or in part, including as part of any Adapted Material) for Your own personal, non-commercial, private study or educational purposes only, without any right to Share the Licensed Material;
- use, reproduce and distribute such Licensed Material to Your Students for Teaching purposes only without any right to Share the Licensed Material and subject in all cases to, and at all times in accordance with, Sections 2(a)(5) (Downstream Recipients) and 2(a)(6) (Student Limit); and
- create Adapted Material and use, reproduce and distribute such Adapted Material to Your Students for Teaching purposes only and without any right to Share the Adapted material, and subject in all cases to, and at all times in accordance with, Sections 2(a)(5) (Downstream Recipients) and 2(a)(6) (Student Limit).
- Notwithstanding the above and for the avoidance of doubt, You are not given the right to Share any of the Licensed Material and/or Adapted Material, except in accordance with the terms of this Licence.
- Exceptions and Limitations. For the avoidance of doubt, the terms and conditions of this Licence shall not apply to Your use of the Licensed Material to the extent that any Exceptions and Limitations apply to such use.
- Media, formats and technical modifications. The Licensor authorises You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to prevent You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For the purposes of this Licence, simply making modifications authorised by this Section 2(a)(4) shall not be deemed to produce Adapted Material.
Limited Licence for Students You Teach.
- Subject to the Student Limit set out in Section 2(a)(6) below, You shall, and hereby undertake to, grant any Student that receives any Licensed Material or any Adapted Material from You, automatically at the time of receipt of such Licensed Material or Adapted Material (as applicable) by such Student, a limited, non-sublicensable licence to use such Licensed Material or Adapted Material (as applicable) for such Student’s own personal, non-commercial private study or educational purposes only (a "Limited Licence"). You shall be responsible for ensuring the compliance of any Student who receives the Licensed Material or Adapted Material (as applicable) from You, on Your behalf or as a result of Your Teaching with the terms and conditions of this Licence to the extent applicable to them.
- Where Your right to use the Licensed Material terminates under Section 6(a), all Limited Licences granted by You shall also automatically terminate. Where Section 6(b) applies all Limited Licences shall be renewed in the same manner.
- No downstream restrictions. Without prejudice to any Effective Technological Measures subsisting in or with respect to the Licensed Material when supplied to You under the terms of this Licence, You may not apply any additional Effective Technological Measures to the Licensed Material.
- Limited Licence for Students You Teach.
- Student Limit. The number of concurrent Limited Licences You may grant under this Licence must be reasonable given the custom and practice for class sizes in the country in which You Teach and, in any event, You shall not grant more than 1,000 Limited Licences or otherwise distribute the Licensed Material or any Adapted Material to more than 1,000 Students (the “Student Limit”).
- No endorsement. Nothing in this Licence constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or any other persons designated to receive attribution as provided in Section 3(a)(1)(A)(i).
- Subject to the terms and conditions of this Licence, and in consideration of Your payment to the Licensor of the Price, the Licensor hereby grants You (pursuant to its agreement with the Owner) a worldwide, non-exclusive, non-sublicensable (save as provided under Section 2(a)(5)(A)(a) below), irrevocable (save as provided under Section 6 "Term and Termination", below) sub-licence to:
- The Licensor and the Author waive any rights (including, to the extent applicable, moral rights) that they have in relation to the Licensed Material to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise. In the event that the Author has moral rights in the Licensed Material which have not been waived, the Licensor agrees to notify You and provide You with the necessary details of that third party in accordance with Section 3(a)(i).
- Save as expressly set out in this Licence, this Licence does not confer on You any right to make use of the Licensor's, the Author's or the Owner's patents, trade marks and/or any other rights that they may hold from time to time.
- This Licence is not a grant of ownership in or to the Licenced Material or Adpted Material. Save as expressly permitted by the terms and conditions of this Licence, no other uses of the Licensed Material or Adpated Material are permitted and nothing shall operate to grant You any rights in or to the Licensed Material other than the Licensed Rights.
- For the avoidance of doubt, the Licensor may offer the Licensed Material to any third party under separate terms or conditions or stop distributing the Licensed Material to third parties at any time.
Section 3 - Licence Conditions.
Your exercise of the Licensed Rights is expressly made subject to the following conditions:
If You use the Licensed Material as a Teaching resource, You must:
display on or in reasonably clear connection with the Licensed Material the following if it is supplied by the Licensor with the Licensed Material:
- identification of the Author(s) of the Licensed Material and any other person or persons (e.g. of the Owner) designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
- a copyright notice;
- a notice that refers to this Licence;
- a notice that refers to the disclaimer of warranties contained in this Licence; and
- URL or hyperlink to the Licensed Material to the extent reasonably practicable;
- indicate if You modified the Licensed Material and retain an indication of any previous modifications.
- display on or in reasonably clear connection with the Licensed Material the following if it is supplied by the Licensor with the Licensed Material:
- You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You use the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
- If requested by the Licensor, You must (to the extent reasonably practicable) remove any of the information required by Section 3(a)(1 )(A) from Your copies of the Licensed Material within 30 days of receipt of the request.
- If You use the Licensed Material as a Teaching resource, You must:
Payment of Price.
- You shall pay the Price to the Licensor upon acceptance of the terms and conditions of this Licence and in any event prior to You downloading the Licensed Material.
- Save for Your payment of the Price, the Licensor waives any right to collect royalties from You (or from those Students to whom You have granted a Limited Licence) for the exercise of the Licensed Rights. In all other cases, or in the event of any non-compliance with the terms or conditions of this Licence, the Licensor expressly reserves the right to collect such royalties.
Section 4 - Database Rights.
Where the Licensed Material is a database in which database rights subsist and are licensed in accordance with Section 2(a)(1):
- if You include all or a substantial portion of the contents of such Licensed Material in another database in which You have a database right, the other database in which You have a database right (but not its individual contents) shall constitute Adapted Material for the purposes of this Licence; and
- You must comply with the conditions set out in Section 3(a) if You make use of all or a substantial portion of the contents of the Licensed Material in any way.
For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Licence where the Licensed Rights include rights under other copyright (in addition to rights under any database right).
Section 5 - Disclaimer of Warranties and Limitation of Liability.
- To the fullest extent permitted by law, the Licensor offers the Licensed Material on a "as-is" and “as available” basis. The Licensor makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, freedom from viruses, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable.
- To the fullest extent permitted by law, in no event shall the Licensor be liable to You or any Student (including, without limitation, in negligence) for any direct, special, indirect, incidental, consequential, punitive, exemplary, economic or other losses, costs, expenses, or damages arising out of this Licence or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages.
- The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the fullest extent permitted by law, most closely approximates an absolute disclaimer and waiver of all liability.
- To the extent that the Licensor’s liability cannot be excluded or limited by law, in no event shall the total aggregate and cumulative liability to You for claims of any kind exceed the amount of the Price paid by You for the download and use of the Licensed Material.
- Notwithstanding any other section of this Licence, nothing in this Licence shall exclude or restrict the Licensor's liability for fraud or death or personal injury resulting from its own negligence or any other liability which may not by law be excluded or restricted.
Section 6 - Term and Termination.
- This Licence is effective from the time at which the Licensed Material is downloaded by You and shall continue to apply for the duration of the Copyright in the Licensed Material or the Adpted Material (as applicable). If You fail to comply with the terms or conditions of this Licence, Your rights under this Licence (including all Licensed Rights) shall terminate automatically without notice from the Licensor.
Where Your Licensed Rights have terminated under Section 6(a), they shall be reinstated:
- automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
- upon express reinstatement by the Licensor.
For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for any breach by You of this Licence
- In accordance with the Website T&Cs, the Licensor shall be entitled to terminate this Licence with immediate effect on notice to you in the event that the Licensor in its sole discretion believes that the Licensed Material breaches or may breach the Website T&Cs for any reason.
- Upon termination of this Licence, You shall immediately cease to exercise all of the Licensed Rights, promptly delete and/or destroy any copies (whether electronic or physical, in whole or in part) of the Licensed Material (including to the extent it is contained in any Adapted Material) in Your possession and procure the deletion and/or destruction of any such copies of the Licensed Material (including to the extent it is contained in any Adapted Material) made available to those you Teach.
- Upon termination of this Licence, any and all Limited Licences granted by You shall also terminate.
- Sections 1, 5, 6, 7, and 8 shall survive termination of this Licence.
Section 7 - Other Terms and Conditions.
- The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed in writing.
- Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Licence.
- In the case of any inconsistencies between the terms and conditions of this Licence and any additional terms and conditions contained or expressed within the Licensed Material itself from time to time, such additional terms and conditions shall prevail and shall apply to Your use of the Licensed Material.
Section 8 - Interpretation.
- This Licence does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Licence.
- To the fullest extent permitted by applicable law, if any provision of this Licence is deemed unenforceable, it shall be automatically amended to the minimum extent necessary to make it enforceable and the remainder of the terms and conditions under this Licence shall remain in full force and effect. If the provision cannot be amended, it shall be severed from this Licence without affecting the enforceability of the remaining terms and conditions of this Licence.
- No term or condition of this Licence shall be waived and no failure to comply consented to unless expressly agreed in writing by the Licensor.
- Nothing in this Licence constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.
- You and the Licensor agree that any dispute or claim arising out of or in connection with this Licence and/or any Limited Licence shall be governed by and construed in accordance with the laws or Australia.
- You and the Licensor agree that the courts of Australia shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Licence and/or any Limited Licence.
Section 9 - Contact Information
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
We're confident that you and your students will love our products. However, if you're not totally happy, our refund policy has got you covered.
If our programs aren't what you were expecting, aren't working, or simply aren't suitable for the teaching you purchased them for, just contact us within 7 days (be sure to include your order number) for a no questions asked refund.
It's that simple.
Please allow up to 7 days for processing of your refund. Refunds will be made via the same method as the original purchase and are not transferrable.
SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 - CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at email@example.com or mailing us at:
The Literature Lab
103 Queens Road New South Wales AU 2783
SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 - SHOPIFY
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
SECTION 5 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at
SECTION 6 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 - COOKIES
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
PREF, persistent for a very short period, Set by Google and tracks who visits the store and from where
SECTION 8 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at firstname.lastname@example.org or by mail at
The Literature Lab
[Re: Privacy Compliance Officer]
103 Queens Road New South Wales AU 2783