Copyright notice and Terms of Use

hi.com.au (Pearson Education Australia) User Agreement

1. Agreement and General Terms of Use

1.1 This User Agreement constitutes the agreement between Pearson Australia Group Pty Ltd ABN: 40 004 245 943 and you as a user who accesses or establishes a connection ("user," "you," or "your") to the Pearson Education Australia service and/or other services based on the Pearson Education Australia service collectively known as Pearson Australia Group (PAG) which are owned and controlled by Pearson Australia Group Pty Ltd.

1.2 You agree to abide by all of the provisions in this Agreement in order to remain an authorised user of the Service, and your use of the Service constitutes your agreement to abide by these provisions. You are solely responsible for your use of the Service, for all use of the Service made by others using your user name and password, and for ensuring that such use complies fully with the provisions of this Agreement.

1.3 PAG reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time. PAG will notify users of any changes by posting them on the Service or through other reasonable means of providing notice. Any changes to this Agreement will be effective immediately upon notice to you. Your use of the Service after notice of changes to this Agreement have been made, will be deemed your acceptance of the changes.

1.4 PAG reserves the rights, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Service, as well as any aspect pertaining to the use of the Service. PAG further reserves the right, in its sole discretion, to restrict the use of the Service as well as suspend or revoke your rights to use the Service based on PAG belief that your use of the Service violates that permitted by this Agreement or applicable law.

1.5 IF YOU DO NOT AGREE TO THE PROVISION OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICE.

2. Fees and Payments; Account Management

2.1 Individual Users: You will pay PAG for all fees, charges, and any applicable taxes, associated with the Service in accordance with the current rates, payment terms, and policies specified by PAG in the applicable Service enrolment screens and online help. You acknowledge that you will pay PAG all such fees, charges, and applicable taxes for the Service where enrolment in the Service has been made using your credit card or other means, whether made by you personally or by someone else in your household or organisation. If you enrol in the Service using a credit card, you certify to PAG that you are at least 18 years of age and that you are the cardholder of the credit card, or that you are expressly authorised by the cardholder to enrol in the Service.

You further acknowledge that your obligation to pay PAG all such fees, charges, and applicable taxes for the Service does not depend on usage of the Service, and that you remain obligated to pay PAG for the Service regardless of whether the Service is used or not. Your obligation to pay for the Service begins on the date of your enrolment in the Service, not the date of your first use of the Service. If made available, free trial or free access periods to use the Service also begin on the date of your enrolment in the Service, and not the date of your first use of it.

PAG does not prorate any fees, charges, or applicable taxes associated with the Service upon any termination or cancellation and does not refund any such amounts.

2.2 Institutional and Organisational Users: If you access or use the Service through an institutional or organisational account, you agree to abide by all of the provisions in this Agreement in order to remain an authorised user of the Service, and your use of the Service constitutes your agreement to abide by these provisions. You may also be subject to the provisions of other agreements from your institution or organisation. The individual payment and account management provisions of Section 2.1 of this Agreement do not apply to you as a user through an institutional or organisational account. However, those provisions do apply to you if you are an individual user whose account is paid for by an institution or organisation.

3. Rights in Service Content and the Service

3.1 All content provided by PAG on the Service is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by PAG. The Service is protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by PAG. Heinemann Interactive, Heinemann, Heinemann Library, Rigby and Pearson Australia Group are trademarks of PAG its parent or subsidiaries. All other trademarks appearing on the Service are the property of their respective owners.

3.2 You may download content from the Service solely for your personal, internal use, but will make no other use of the content without the express written permission of PAG. You will not modify, publish, distribute, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Service. You will not make any changes to any content that you are permitted to download under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You also will not "frame" any of the content on the Service or the Service itself without the express written permission of PAG. You agree that you do not acquire any ownership rights in any downloaded content. You further agree that all rights in the Service and any of the content found on the Service not granted to you under this Agreement are expressly reserved to PAG and/or its licensors.

3.3 Certain content found on the Service may be subject to additional terms and conditions as specified below.

4. User Activities and User Information on the Service

4.1 You will use the Service and any content, material, or information found on the Service solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through the Service any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.

4.2 You warrant that any material or information that you make available through the Service, including, for example, postings to chat areas and forums, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Service. You will be solely responsible for the content of any material or information that you make available through the Service. You will also be liable for any damage resulting from your making any material or information available through the Service.

4.3 By making any material or information available through the Service, for example, in postings to chat areas and forums, you automatically grant to PAG a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through the Service, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that user’s personal, internal use.

4.4 PAG has no obligation to, and does not and cannot, review every item of material or information that you and users other than yourself make available through the Service, and PAG is not responsible for any content of this material or information. However, PAG reserves the right to delete, move, or edit any material or information that it deems, in its sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity. Further, PAG reserves the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.

4.5 PAG reserves the right to collect and use data about you and your use of the Service for purposes such as, for example, performing statistical analyses to assist us in improving the Service. PAG further reserves the right to distribute such data in forms that do not identify you individually or reveal your identity. PAG may also distribute such data in forms that identify you individually or reveal your identity, but only if you expressly give your written consent to such distribution in response to a request made by Pearson Australia Group Pty Ltd.

5. Disclaimer of Warranties & Limitation of Liability

5.1 You expressly agree that use of the Service and the PAG software (as defined below) is at your sole risk. Neither PAG nor any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents) warrant that the Service or the PAG software will be uninterrupted or error free or that they will be free of viruses or other harmful components. Nor do they make any warranty as to the results that may be obtained from the use of the Service or the PAG software, or as to the accuracy, reliability, completeness, or contents of any content, information, material, postings, or posting responses found on the Service or the PAG software, any merchandise or services provided through the Service or the PAG software, or any links to other sites or services made available on the Service or the PAG software.

5.2 THE SERVICE, ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE, AND THE PAG SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

5.3 Under no circumstances, including, but not limited to, negligence, shall PAG (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents), be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, any content, information, material, postings, or posting responses on the Service, the Service itself, or the PAG software. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that PAG (and any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents), is not liable for any defamatory, offensive or illegal conduct of any user, including you. In no event shall the total liability of PAG (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents) to you exceed the amount paid by you to PAG during the twelve (12) months prior to any claim of injury or damage.

6. Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless PAG (and any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including legal fees and costs, arising out of your use of the Service or your breach of any provision of this Agreement. PAG reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.

7. Notices between Us

For individual users, you will contact us by sending electronic mail to info@hi.com.au. We will contact you by sending electronic mail to the address you provide to us, or by posting a notice on the Service.

8. Termination

PAG may terminate this Agreement and your use of the Service, or discontinue the Service, at any time. PAG shall have the right immediately upon notice to you to terminate your use of the Service in the event of any conduct by you which Pearson Australia Group Pty Ltd., in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement or violation of applicable law.

9. Law Governing Performance and Disputes

The laws applicable in the State of Victoria govern this agreement and PAG and the User submit to the jurisdiction of the courts of that State.

10. Resolution of Disputes

10.1 Neither PAG nor the User may start court proceedings (except for interlocutory relief) in relation to any dispute arising out of this agreement unless they have complied with clauses 10.2 and 10.3.

10.2 If PAG or the User (the disputing Party) claims a dispute has arisen, they must give notice of the details of the dispute to the other party

10.3 If the dispute is not resolved within 21 days, the disputing party must refer the dispute to a mediator nominated either by the Chairman of LEADR (Lawyers Engaged in Alternative Dispute Resolution) or the President of the Law Institute of Victoria. PAG and the User shall bear their own costs of mediation.

11. General Terms

This Agreement and any rules posted on the Service by PAG constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either PAG or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of PAG and its successors, trustees, and permitted assigns. PAG may assign this Agreement or any of its rights or obligations under this Agreement, with or without notice to you. Any such assignment by PAG does not relieve you of your obligations under this Agreement.