Terms & conditions

studyON Terms & Conditions

StudyON Licence Agreement

This Licence Agreement sets out the terms and conditions under which John Wiley & Sons Australia, Ltd ABN: 67 009 673 081 of 42 McDougall St, Milton, QLD 4064, Australia (‘Wiley') grants the user (‘You') the rights to use the StudyON online product.
‘StudyON' is an online study and exam preparation tool developed by Wiley and incorporating past assessment material used with the permission of the Victorian Curriculum and Assessment Authority (‘VCAA') and New South Wales Board of Studies (‘NSW BOS'). Specifically, the VCAA and NSW BOS own copyright in and have allowed the inclusion of content from past study guides, exam papers and related assessment reports from past student curriculum.  Neither VCAA nor NSW BOS in any way endorses or is affiliated with StudyON, and makes no warranty as to its correctness or accuracy.


This Licence Agreement is meant for persons who are over the age of 12. If you are 12 or older, but under 18, you should review this Agreement with a parent or guardian - or if your School has provided you with access, your teacher - to ensure you understand all the terms.

1.  Licensed Rights

For good and valuable consideration, Wiley grants You the non-exclusive licence to access, read and use StudyON on the following terms and conditions. This licence is non-transferable.

2.  Conditions of Use

Wiley has or will provide You access to StudyON with a unique access code (‘Access Code').  The Access Code will be kept confidential by You and registered to your individual email address for the term of your licence as set out in clause 3 below. Where You are a parent or guardian entering into this Licence Agreement on behalf of a child, You may solely grant that one child access provided that they comply with the terms and conditions of this Licence Agreement.

You agree to comply with the following:

  1. You will use StudyON for your personal use only, in the course of research or study.
    Personal use means any reasonable use for your own learning and education.  You may:
    • View and use StudyON online through Wiley's website;
    • Use the "MyNotes" function to type your own notes, reminders and study tips within your personalised section of StudyON; or
    • print copies of StudyON as it appears on Wiley's website.
  2. Under the terms of this licence, and except as detailed in (c) below, You may not:
    • Copy, paste, share, distribute, download  or communicate StudyON or parts thereof;
    • adapt StudyON or any parts thereof, except within your personalised section of StudyON;
    • use or attempt to use StudyON on more than one computer at any one time;
    • share or allow anyone else to use your Access Code when You are not using it;
    • make StudyON, or any part thereof, available on public internet sites or in any way allow anyone without authorised access to read, download or access StudyON. 
  3. In addition to the rights granted above, You may download the "See More" Audio Visual material that is attached to and part of StudyON's Podpack feature.  The "See More" material may be saved and viewed on your personal computer or portable viewing devices, but may not be distributed or communicated.
  4. You acknowledge that copyright in the StudyON compilation, and any material You may contribute, vests in Wiley.  Certain material within StudyON, including past study guides, exam papers and related assessment reports from the Victorian or NSW student curriculum, is owned by VCAA or NSW BOS, and is used with their permission.
  5. You will not attempt to circumvent Wiley's digital protection measures surrounding StudyON, make or distribute unauthorised copies of StudyON, or use, copy, modify, or transfer StudyON, in whole or in part, except as expressly permitted by this Agreement.

3. Term

The licence granted for your use of StudyON is valid for 548 days (i.e. approximately 18 months) from the date on which You indicate your acceptance to these terms and conditions ("Term").

Notwithstanding the above, Wiley may grant You access to StudyON for an initial trial period, in which case the Term runs for a period of 14 days or otherwise at the sole discretion of Wiley. If You choose to convert your trial period into an ongoing licence, by payment of a licence fee or as otherwise determined by Wiley, the continued use of StudyON will be governed by these terms and conditions.

4. Termination

At the expiration of the Term, this Licence Agreement will be automatically terminated.
If Wiley determines You have breached this Licence Agreement, Your licence and Access Code may be summarily terminated.  If Wiley terminates the licence due to breach, such termination will be in addition to and not in lieu of any equitable, civil, or other remedies available to Wiley.
Upon termination, You agree to delete and destroy StudyON, or any part thereof, which You may have retained in any format.

5. Wiley's Rights

You acknowledge that all rights (including without limitation copyrights, patents and trademarks) in StudyON (including without limitation the structure, sequence, organisation, flow, logic, source code, object code and all means and forms of operation of StudyON) are the sole and exclusive property of Wiley, and/or its licensors.    You agree to protect StudyON from unauthorised use, reproduction or distribution.  You further agree not to decompile, disassemble or otherwise reverse engineer the underlying source code of StudyON.
You may use StudyON in accordance with this licence or in accordance with the fair use provisions of the Copyright Act 1968 (Cth).  Nothing in this Agreement allows You to on-license StudyON or any part thereof, or to communicate StudyON to the public. 

6. Warranty and Indemnity

  1. Wiley makes no representations or warranties, express or implied, in respect of StudyON, other than that Wiley will use commercially reasonable best efforts to provide continued access to StudyON for the length of the Term. Wiley, VCAA or NSW BOS makes no warranty regarding the correctness or accuracy of StudyON or the material in which each party owns copyright. To the extent allowable by law, Wiley provides the access ‘as is' and does not provide any other warranties or guarantees, express or implied, as to any availability, fitness for purpose, merchantability or title. Access to StudyON may be intermittently unavailable due to repair and maintenance, and other events out of Wiley's control. Notwithstanding the foregoing, where Australian legislation, including but not limited to the Competition and Consumer Act (Cth), implies any condition or warranty on the supply of StudyON, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement.
  2. To the extent allowable by law, Wiley or its licensors, including NSW BOS and VCAA, will not be liable to You for any damages, including without limitation lost opportunity, lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use StudyON or any damage caused to You or Your property by utilising StudyON and the liability of Wiley for any breach of any non-excluded condition or warranty shall be limited, at the option of Wiley, to the replacement of StudyON, the supply of an equivalent product or service, or to the costs paid by You for StudyON and its associated products.
  3. You warrant that You will not use StudyON otherwise than in accordance with the terms of this Licence Agreement. If Wiley deems it necessary, Wiley may pursue injunctive relief to protect its copyright in StudyON, as well as pursuing any other remedies available at law.

7. Interpretation and Procedural

  1. The headings in this Agreement shall not affect its interpretation and are for convenience only.
  2. This Agreement embodies the entire understanding and agreement between the parties as to its subject matter of this Agreement.
  3. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.  
  4. If a dispute arises in relation to this Agreement, the parties shall use all reasonable endeavours to resolve it amicably and expeditiously.

8. Jurisdiction

This Agreement will be construed and interpreted according to the laws of the State of Queensland in Australia; any legal action will be instituted in a court of competent jurisdiction in Brisbane; and each party consents and submits to the personal jurisdiction of such court, waives any objection to venue of such court, and consents to service of process by registered or certified mail, return receipt requested, at such party's last known address.

9. Changes and Notification

These terms and conditions are subject to change from time to time at the sole discretion of Wiley.  Wiley will display a notice of such changes on your home page, and continued use of StudyON will be deemed to be acceptance of any new terms and conditions.  

You agree that Wiley may, from time to time, notify You regarding updates, additions or amendments to StudyON and any associated services. Personal information received in relation to this Licence Agreement will be treated by Wiley in accordance with Wiley's privacy policy.

eBookPLUS Student Licence Agreement

eBookPLUS Licence Agreement

This Licence Agreement sets out the terms and conditions under which John Wiley & Sons Australia, Ltd of 42 McDougall St, Milton, QLD 4064, Australia (‘Wiley') grants the user (‘You') the rights to use the eBookPLUS online product; an electronic version of an entire textbook and supporting multimedia resources (‘eBookPLUS').


This Licence Agreement is meant for persons who are over the age of 12. If you are 12 or older, but under 18, you should review this Agreement with a parent or guardian - or if your School has provided you with access, your teacher - to ensure you understand all the terms.

1. Licensed Rights

In consideration of the licence fee paid by You, either together with an associated Wiley printed book (‘Book') or independently, Wiley grants You the non-exclusive licence to access, read and use eBookPLUS on the following terms and conditions. This licence is non-transferable, except in the case of second hand book sales, where a limited licence is transferable, as defined below in clause 4.

2. Conditions of Use

Wiley has or will provide You access to eBookPLUS with a unique access code (‘Access Code').  The Access Code will be kept confidential by you and registered to your individual email address for the term of your licence as set out in clause 3 below. Where you are a parent or guardian entering into this Licence Agreement on behalf of a child, you may solely grant that one child access, provided that they comply with the terms and conditions of this Licence Agreement.

You agree to comply with the following:

Personal Use Only: You will use eBookPLUS for your personal use only, in the course of research or study. Personal use means any reasonable use for your own information or education. Personal use includes use at home or in the classroom and can include use in assignments and projects, copy and pasting, display within private and/or password protected locations (eg. School intranet), download, printing, email (e.g. to your teacher or another student with eBookPLUS), adaptation and presentations, subject to the following limitations:

  1. No sharing with others: You will not share, exchange or give eBookPLUS, access or any part thereof to any other person, except in the case of second hand book sales as defined below in clause 5. You will not share or allow anyone else to use your Access Code when You are not using it.
  2. Access only on one computer at a time: You will not use or attempt to use eBookPLUS on more than one computer at any one time.
  3. No uploading: You will not make eBookPLUS, or any part thereof, available on public internet sites or in any way allow anyone without authorised access to read, download or access eBookPLUS.
  4. Acknowledge appropriately: In the course of your use of eBookPLUS, You will endeavour to retain any acknowledgments accompanying images or other third party material, and in any event, will include the following copyright acknowledgement with any part of eBookPLUS used:

Copyright ©  John Wiley & Sons Australia, Ltd. or related companies. All rights reserved., **** (year of first publication)

  1. Delete when spent: When your access to eBookPLUS is spent, You agree to delete eBookPLUS, or any part thereof, which You may have saved or retained separately from the eBookPLUS online.
  2. No unauthorised circumvention or distribution: You will not attempt to circumvent Wiley's digital protection measures surrounding eBookPLUS, make or distribute unauthorised copies of eBookPLUS, or use, copy, modify, or transfer eBookPLUS, in whole or in part, except as expressly permitted by this Agreement.

3. Term

The licence granted for your use of eBookPLUS is valid for the Term, as defined below. The Term commences on the date on which You indicate your acceptance to these terms and conditions ("Acceptance Date").

The ‘Term' is defined as:

  1. Where the Access Code to eBookPLUS is contained inside the printed Book: where You are the first owner of this Book, for a period beginning on the Access Date and ending no earlier than 3 months from the date in which Wiley ceases all sales of this edition of the Book, as determined by Wiley.
  2. Where eBookPLUS and/or the Access Code is purchased separately:
    1. if purchased for a one year course, for 548 days (i.e. approximately 18 months) from the Acceptance Date.
    2. if purchased for a two year course, for 913 days (i.e. approximately 30 months) from the Acceptance Date.

Notwithstanding the above, Wiley may grant You access to eBookPLUS for an initial trial period, in which case the Term runs for a period of 14 days or otherwise at the sole discretion of Wiley. If you choose to convert your trial period into an ongoing licence, by payment of a licence fee or as otherwise determined by Wiley, the continued use of eBookPLUS will be governed by these terms and conditions.

4. Second Hand sales of the Book

If You have purchased a copy of the printed Book in association with eBookPLUS, You may sell the Book to a new user along with the Access Code contained in the Book., however the new user will only be granted limited access to eBookPLUS and will be required to pay an additional amount to upgrade to the full version of eBookPLUS.   The new user thereby becomes the sole user of that Access Code and will be subject to a new Licence Agreement on registration. You will no longer be able to access eBookPLUS with that Access Code.

5. Termination

At the expiration of the Term, this Licence Agreement will be automatically terminated. If Wiley determines a breach of this Licence Agreement, your licence and Access Code are automatically terminated.  If Wiley terminates the licence due to a breach, such termination will be in addition to and not in lieu of any equitable, civil, or other remedies available to Wiley. Upon termination, You agree to delete any saved material from eBookPLUS You may have retained in personal files separate from the online version of eBookPLUS.

6. Wiley's Rights

You acknowledge that all rights (including without limitation, copyrights, patents and trademarks) in eBookPLUS (including without limitation the structure, sequence, organisation, flow, logic, source code, object code and all means and forms of operation of eBookPLUS) are the sole and exclusive property of Wiley, and/or its licensors.  By accepting this Licence Agreement You do not become the owner of eBookPLUS, but You do have the right to use it in accordance with the provisions of this Agreement.  You agree to protect eBookPLUS from unauthorised use, reproduction or distribution.  You further agree not to decompile, disassemble or otherwise reverse engineer the underlying source code of eBookPLUS. You may use eBookPLUS to create your own content for your personal use only in the course of study and research and, in the case of third party material, in accordance with the fair use provisions of the Copyright Act 1968 (Cth).  Nothing in this Agreement allows You to on-license eBookPLUS or any part thereof, or to communicate eBookPLUS to the public.

7. Warranty and Indemnity

  1. Wiley makes no representations or warranties, express or implied, in respect of eBookPLUS., other than that Wiley will use commercially reasonable best efforts to provide continued access to eBookPLUS for the length of the Term. To the extent allowable by law, Wiley provides the access ‘as is' and does not provide any other warranties or guarantees, express or implied, as to any availability, fitness for purpose, merchantability or title. Access to eBookPLUS may be intermittently unavailable due to repair and maintenance, and other events out of Wiley's control. Notwithstanding the foregoing, where Australian legislation, including but not limited to the Competition and Consumer Act (Cth), implies any condition or warranty on the supply of eBook PLUS, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement.
  2. To the extent allowable by law, Wiley or its licensors will not be liable to You for any damages, including without limitation lost opportunity, lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use eBookPLUS or any damage caused to You or Your property by utilising eBookPLUS and the liability of Wiley for any breach of any non-excluded condition or warranty shall be limited, at the option of Wiley, to the replacement of eBookPLUS, the supply of an equivalent product or service, or to the costs paid by You for eBook PLUS and its associated products.
  3. You warrant that You will not use eBookPLUS otherwise than in accordance with the terms of this Licence Agreement. If Wiley deems it necessary, Wiley may pursue injunctive relief to protect its copyright in eBookPLUS, as well as pursuing any other remedies available at law.

8. Interpretation and Procedural

  1. The headings in this Agreement shall not affect its interpretation and are for convenience only.
  2. This Agreement embodies the entire understanding and agreement between the parties as to its subject matter of this Agreement.
  3. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.  
  4. If a dispute arises in relation to this Agreement, the parties shall use all reasonable endeavours to resolve it amicably and expeditiously.

9. Jurisdiction

This Agreement will be construed and interpreted according to the laws of the State of Queensland in Australia; any legal action will be instituted in a court of competent jurisdiction in Brisbane; and each party consents and submits to the personal jurisdiction of such court, waives any objection to venue of such court, and consents to service of process by registered or certified mail, return receipt requested, at such party's last known address.

10. Changes and Notification

These terms and conditions are subject to change from time to time at the sole discretion of Wiley.  Wiley will give notice of its intention to vary the terms of the Agreement. If it does so, your continued use of eBookPLUS will be deemed acceptance of these revised terms.

Wiley may make changes to eBookPLUS, and You agree that Wiley may, from time to time, notify you regarding updates, additions or amendments to eBookPLUS and any associated services. Personal information received in relation to this Licence Agreement will be treated by Wiley in accordance with Wiley's privacy policy

eGuidePLUS Teacher Licence Agreement

eGuidePLUS Teacher Licence Agreement

This Licence Agreement sets out the terms and conditions under which John Wiley & Sons Australia, Ltd of 42 McDougall St, Milton, QLD 4064, Australia (‘Wiley') grants the user (‘You') the rights to teach from and use the eGuidePLUS online product (an electronic version of the entire student and teacher texts, a complementary set of targeted digital resources and access to the student resources of eBookPLUS) (‘eGuidePLUS'), that is attached to or accompanied by this Licence Agreement.

1. Licensed Rights

In consideration of the licence fee paid by You, either together with the associated teacher's edition of a Wiley printed book (‘Book') or independently, Wiley grants You the non-exclusive licence to access, read, teach from and use eGuidePLUS on the following terms and conditions. This licence is non-transferable.

2. Conditions of Use

Wiley has or will provide You access to eBookPLUS with a unique access code (‘Access Code').  The Access Code will be kept confidential by you and registered to your individual email address for the term of your licence as set out in paragraph 3 below.

You agree to comply with the following:

  1. Personal Use or Teaching Use only: You will use eGuidePLUS:
    1. for your personal use only, in the course of research or study. Personal use means any reasonable use for your own information or education. Personal use includes use at home or in the classroom and can include use in assignments and projects, copy and pasting, display within private and/or password protected locations (eg. School intranet), download, printing, email (eg. to students with eBookPLUS), adaptation and presentations, subject to the following limitations. 
    2. in the course of teaching, or preparation for teaching to, a class of students, each member of which is a registered user of eGuidePLUS or eBookPLUS.
  2. No sharing with others: You will not share, exchange or give eGuidePLUS, access to eGuidePLUS  or any part thereof to any other person or student, unless that person is already a registered user of eGuidePLUS or eBookPLUS. You will not share or allow anyone else to use your Access Code when You are not using it.  You will not allow or encourage any students in your class to share access to eBookPLUS. If You become aware or suspect that students in your class are using eBookPLUS without a valid Access Code, or are using it in breach of these terms and conditions, You will endeavour to prevent such use, and if unable to do so, advise Wiley of any such infringing use.
  3. Access only on one computer at a time: You will not use or attempt to use eGuidePLUS on more than one computer at any one time.
  4. No uploading: You will not make eGuidePLUS, or any part thereof, available on public internet sites or in any way allow anyone without authorised access to read, download or access eGuidePLUS.
  5. Acknowledge appropriately: In the course of your use of eGuidePLUS, You will endeavour to retain any acknowledgments accompanying images or other third party material, and in any event, will include the following copyright acknowledgement with any part of eGuidePLUS used:

Copyright ©  John Wiley & Sons Australia, Ltd. or related companies. All rights reserved. **** (year of first publication)

  1. Delete when spent: When your access to eGuidePLUS is spent, You agree to delete eGuidePLUS, or any part thereof, which You may have saved or retained separately from the eGuidePLUS online.
  2. No unauthorised circumvention or distribution: You will not attempt to circumvent Wiley's digital protection measures surrounding eGuidePLUS, make or distribute unauthorised copies of eGuidePLUS, or use, copy, modify, or transfer eGuidePLUS, in whole or in part, except as expressly permitted by this Agreement.
  3. Limited dissemination to students: Except in accordance with statutory licence for educational institutions in the Copyright Act 1968 (Cth), You are not permitted to reproduce, communicate or otherwise disseminate information from eGuidePLUS to a class of students, if any student in that class is not a registered user of eBookPLUS.

4. Term

The licence granted for your use of eGuidePLUS is valid for the Term, as defined below. The Term commences on the date on which You indicate your acceptance to these terms and conditions ("Acceptance Date").

The ‘Term' is defined as:

  1. Where the Access Code to eGuidePLUS is contained inside the printed Book: for a period beginning on the Access Date and ending no earlier than 3 months from the date in which Wiley ceases all sales of this edition of the Book, as determined by Wiley.
  2. Where eBookPLUS and/or the Access Code is purchased separately:
    1. if purchased for a one year course, for 548 days (i.e. approximately 18 months)  from the Acceptance Date.
    2. if purchased for a two year course, for 913 days (i.e. approximately 30 months). 

Notwithstanding the above, Wiley may grant You access to eGuidePLUS for an initial trial period, in which case the Term runs for a period of 14 days or otherwise at the sole discretion of Wiley. If you choose to convert your trial period into an ongoing licence, by payment of a licence fee or as otherwise determined by Wiley, the continued use of eGuidePLUS will be governed by these terms and conditions.

5. Termination

At the expiration of the Term, this Licence Agreement will be automatically terminated.

If Wiley determines a breach of this Licence Agreement, your licence and Access Code are automatically terminated.  If Wiley terminates the licence due to a breach, such termination will be in addition to and not in lieu of any equitable, civil, or other remedies available to Wiley.

Upon termination, You agree to delete any saved material from eGuidePLUS You may have retained in personal files separate from the online version of eGuidePLUS.

6. Wiley's Rights

You acknowledge that all rights (including without limitation, copyrights, patents and trademarks) in eGuidePLUS (including without limitation the structure, sequence, organisation, flow, logic, source code, object code and all means and forms of operation of eGuidePLUS) are the sole and exclusive property of Wiley, and/or its licensors.  By accepting this Licence Agreement You do not become the owner of eGuidePLUS, but You do have the right to use it in accordance with the provisions of this Agreement.  You agree to protect eGuidePLUS from unauthorised use, reproduction or distribution.  You further agree not to decompile, disassemble or otherwise reverse engineer the underlying source code of eGuidePLUS.

You may use eGuidePLUS to create your own content for your personal use only in the course of teaching, study and research and, in the case of third party material, in accordance with the fair use provisions of the Copyright Act 1968 (Cth).  Nothing in this Agreement allows You to on-license eGuidePLUS or any part thereof, or to communicate eGuidePLUS to the public. 

7. Warranty and Indemnity

  1. Wiley makes no representations or warranties, express or implied, in respect of eGuidePLUS, other than that Wiley will use commercially reasonable best efforts to provide continued access to eGuidePLUS for the length of the Term. To the extent allowable by law, Wiley provides the access ‘as is' and does not provide any other warranties or guarantees, express or implied, as to any availability, fitness for purpose, merchantability or title. Access to eGuidePLUS may be intermittently unavailable due to repair and maintenance, and other events out of Wiley's control. Notwithstanding the foregoing, where Australian legislation, including but not limited to the Competition and Consumer Act (Cth), implies any condition or warranty on the supply of eGuidePLUS, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement.
  2. To the extent allowable by law, Wiley or its licensors will not be liable to You for any damages, including without limitation lost opportunity, lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use eGuidePLUS or any damage caused to You or Your property by utilising eGuidePLUS and the liability of Wiley for any breach of any non-excluded condition or warranty shall be limited, at the option of Wiley, to the replacement of eGuidePLUS, the supply of an equivalent product or service, or to the costs paid by You for eGuidePLUS and its associated products.
  3. You warrant that You will not use eGuidePLUS otherwise than in accordance with the terms of this Licence Agreement. If Wiley deems it necessary, Wiley may pursue injunctive relief to protect its copyright in eGuidePLUS, as well as pursuing any other remedies available at law against You or your school.  You will hold Wiley harmless against all liability, including expenses and reasonable counsel fees, from any claim that if sustained would constitute a breach of this Agreement.

8. Interpretation and Procedural

  1. The headings in this Agreement shall not affect its interpretation and are for convenience only.
  2. This Agreement embodies the entire understanding and agreement between the parties as to its subject matter of this Agreement.
  3. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.  
  4. If a dispute arises in relation to this Agreement, the parties shall use all reasonable endeavours to resolve it amicably and expeditiously.

9. Jurisdiction

This Agreement will be construed and interpreted according to the laws of the State of Queensland in Australia; any legal action will be instituted in a court of competent jurisdiction in Brisbane; and each party consents and submits to the personal jurisdiction of such court, waives any objection to venue of such court, and consents to service of process by registered or certified mail, return receipt requested, at such party's last known address.

10. Changes and Notification

These terms and conditions are subject to change from time to time at the sole discretion of Wiley.  Wiley will give notice of its intention to vary the terms of the Agreement. If it does so, your continued use of eBookPLUS will be deemed acceptance of these revised terms.

Wiley may make changes to eGuidePLUS, and You agree that Wiley may, from time to time, notify you regarding updates, additions or amendments to eGuidePLUS and any associated services. Personal information received in relation to this Licence Agreement will be treated by Wiley in accordance with Wiley's privacy policy

JacarandaPLUS Licence Agreement

JacarandaPLUS Licence Agreement

This Licence Agreement sets out the terms and conditions under which John Wiley & Sons Australia, Ltd ABN: 67 009 673 081 of 42 McDougall St, Milton, QLD 4064, Australia (‘Wiley') grants the user (‘You') the rights to use the JacarandaPLUS online product.

Wiley is the provider of JacarandaPLUS (‘JacPLUS') which is the online portal for Wiley's digital resources for teachers and students.  You will need to create a JacPLUS account in order to access Wiley digital resources which you have or will purchase. 

This Licence Agreement is meant for persons who are over the age of 12. If you are 12 or older, but under 18, you should review this Agreement with a parent or guardian - or if your School has provided you with access, your teacher - to ensure you understand all the terms.

1.  Licensed Rights

On registration by You of a JacPLUS account, Wiley grants You the non-exclusive licence to access, read and use JacPLUS on the following terms and conditions. This licence is non-transferable.

2.  Conditions of Use

  1. You will use JacPLUS for your personal use only in the course of research or study, or as part of the preparation and execution of class lessons by a registered teacher, except where you are a parent or guardian entering into this Licence Agreement on behalf of a child, in which case you may grant that you may solely grant that one child access, provided that they comply with the terms and conditions of this Licence Agreement.
    Personal use means any reasonable use for your own learning and education.  You may view and use JacPLUS online through Wiley's website, and agree to abide by the terms and conditions which accompany the digital resource programs accessed through JacPLUS.     
    In order to maintain the security of the digital resource programs accessed through JacPLUS, You agree You will not:
    • use or attempt to use JacPLUS on more than one computer at any one time;
    • share or allow anyone else to use your JacPLUS password when You are not using it;
    • make JacPLUS, or any part thereof, available on public internet sites or in any way allow anyone without authorised access to read, download or access JacPLUS. 
  2. You acknowledge that copyright in any portion of JacPLUS vests in Wiley or its licensees.

3. Term and Termination

  1. The licence granted for your use of JacPLUS is ongoing, however Wiley may terminate Your account if there are no active digital resources being accessed through JacPLUS,  if there has been no account activity for more than twelve months or if Wiley ceases to provide JacPLUS. If Your account is terminated any stored personalised settings or information held within JacPLUS will be deleted.
  2. If Wiley determines you have breached this Licence Agreement, your licence and password may be automatically terminated.  If Wiley terminates the licence due to a breach, such termination will be in addition to and not in lieu of any equitable, civil, or other remedies available to Wiley.
    Upon termination, You agree to delete any part of JacPLUS, which You may have retained in print or electronic form.

4. Wiley's Rights

You acknowledge that all rights (including without limitation copyrights, patents and trademarks) in JacPLUS (including without limitation the structure, sequence, organisation, flow, logic, source code, object code and all means and forms of operation of JacPLUS) are the sole and exclusive property of Wiley, and/or its licensors.  You agree to protect JacPLUS from unauthorised use, reproduction or distribution.  You further agree not to decompile, disassemble or otherwise reverse engineer the underlying source code of JacPLUS.
You may use JacPLUS in accordance with this licence or in accordance with the fair use exceptions of the Copyright Act 1968 (Cth).  Nothing in this Agreement allows You to on-license JacPLUS or any part thereof, or to communicate JacPLUS to the public. 

5. Warranty and Indemnity

  1. Wiley makes no representations or warranties, express or implied, in respect of JacPLUS, other than that Wiley will use commercially reasonable best efforts to provide continued access to JacPLUS for the length of the Term. To the extent allowable by law, Wiley provides the access ‘as is' and does not provide any other warranties or guarantees, express or implied, as to any availability, fitness for purpose, merchantability or title. Access to JacPLUS may be intermittently unavailable due to repair and maintenance, and other events out of Wiley's control. Notwithstanding the foregoing, where Australian legislation, including but not limited to the Competition and Consumer Act (Cth), implies any condition or warranty on the supply of JacPLUS, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement.
  2. To the extent allowable by law, Wiley or its licensors will not be liable to You for any damages, including without limitation lost opportunity, lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use JacPLUS or any damage caused to You or Your property by utilising JacPLUS and the liability of Wiley for any breach of any non-excluded condition or warranty shall be limited, at the option of Wiley, to the replacement of JacPLUS, the supply of an equivalent product or service, or to the costs paid by You for JacPLUS and its associated products.
  3. You warrant that You will not use JacPLUS otherwise than in accordance with the terms of this Licence Agreement. If Wiley deems it necessary, Wiley may pursue injunctive relief to protect its copyright in JacPLUS, as well as pursuing any other remedies available at law.

6. Interpretation and Procedural

  1. The headings in this Agreement shall not affect its interpretation and are for convenience only.
  2. This Agreement embodies the entire understanding and agreement between the parties as to its subject matter of this Agreement.
  3. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.  
  4. If a dispute arises in relation to this Agreement, the parties shall use all reasonable endeavours to resolve it amicably and expeditiously.

7. Jurisdiction

This Agreement will be construed and interpreted according to the laws of the State of Queensland in Australia; any legal action will be instituted in a court of competent jurisdiction in Brisbane; and each party consents and submits to the personal jurisdiction of such court, waives any objection to venue of such court, and consents to service of process by registered or certified mail, return receipt requested, at such party's last known address.

8. Changes and Notification

These terms and conditions are subject to change from time to time at the sole discretion of Wiley.   Wiley will display a notice of such changes on your JacPLUS home page, and continued use of JacPLUS is deemed to be acceptance of any new terms and conditions.  

You agree that Wiley may, from time to time, notify you regarding updates, additions or amendments to JacPLUS and any associated services. Personal information received in relation to this Licence Agreement will be treated by Wiley in accordance with Wiley's privacy policy.

myWorld Atlas Licence Agreement

MyWorld Atlas Student Licence Agreement

This Licence Agreement sets out the terms and conditions under which John Wiley & Sons Australia, Ltd of 42 McDougall St, Milton, QLD 4064, Australia ('Wiley') grants the user ('You') the rights to use the MyWorld Atlas online product (an electronic and interactive version of the Jacaranda Atlas 7th Edition, and supporting multimedia resources) ('MyWorld Atlas') purchased with either the Jacaranda Atlas 7th Edition book ('Book') or separately.

This Licence Agreement is meant for persons who are over the age of 12. If you are 12 or older, but under 18, you should review this Agreement with a parent or guardian - or if your School has provided you with access, your teacher - to ensure you understand all the terms.

1. Licensed Rights

Wiley grants You the non-exclusive licence to access, read and use MyWorld Atlas on the following terms and conditions. This licence is non-transferable, except in the case of second hand book sales, where a limited licence is transferable, as defined below in clause 5.

MyWorld Atlas is accessed via your JacPLUS profile and is available in two versions; a 'lite' version is provided free of charge to all users who purchase a copy of the Book, and a 'full' version which is available for purchase as a one-year subscription.

2. Conditions of Use

Wiley has or will provide You access to myWorld Atlas with a unique access code (‘Access Code').  The Access Code will be kept confidential by You and registered to your individual email address for the term of your licence as set out in clause 3 below. Where You are a parent or guardian entering into this Licence Agreement on behalf of a child, You may solely grant that one child access provided that they comply with the terms and conditions of this Licence Agreement.

You agree to comply with the following:

  1. You will use MyWorld Atlas for your personal use only, in the course of research or study or as part of the preparation and execution of class lessons by a registered teacher.
    Personal use means any reasonable use for your own learning and education. You may:
    • View, use and participate in the MyWorld Atlas online through Wiley's website,
    • Add comments, upload images (if You own them) and answer questions with answers reviewable by your teacher.
  2. Under the terms of this licence and in order to maintain the security of the digital resources of MyWorld Atlas, You agree You will not:
    • Copy, paste, share, distribute, download or communicate MyWorld Atlas or parts thereof;
    • adapt MyWorld Atlas or any parts thereof, except within your personalised section of MyWorld Atlas;
    • use or attempt to use MyWorld Atlas on more than one computer at any one time;
    • share or allow anyone else to use your Access Code when You are not using it;
    • make any MyWorld Atlas content provided by Wiley available on public internet sites or in any way allow anyone without authorised access to read, download or access MyWorld Atlas;
    • use MyWorld Atlas to upload images or text that is not owned by You, or for which You do not have express permission, make available material that is not age appropriate for school students, participate in bullying or other antisocial behaviour, or upload any material that infringes the rights of others.
  3. You acknowledge that copyright in the MyWorld Atlas compilation and any written material You may contribute, vests in Wiley. The copyright in any images You contribute to MyWorld Atlas remain with You, but You grant Wiley a non-exclusive perpetual license to use the Images in all forms, editions and languages connected with MyWorld Atlas throughout the World.
  4. You will not attempt to circumvent Wiley's digital protection measures surrounding MyWorld Atlas, make or distribute unauthorised copies of MyWorld Atlas, or use, copy, modify, or transfer MyWorld Atlas, in whole or in part, except as expressly permitted by this Agreement.

4. Term and Termination

The licence granted for your use of myWorld Atlas is valid for the Term, as defined below. The Term commences on the date on which You indicate your acceptance to these terms and conditions ("Acceptance Date").

The ‘Term' is defined as:

  1. ‘Lite Version': Where the Access Code to myWorld Atlas is contained inside the printed Book - where You are the first owner of this Book, for a period beginning on the Access Date and ending no earlier than 3 months from the date in which Wiley ceases all sales of this edition of the Book, as determined by Wiley; or
  2. ‘Full Version': Where myWorld Atlas and/or the Access Code is purchased separately - for 548 days (approximately 18 months) from the Acceptance Date.

Notwithstanding the above, Wiley may grant You access to MyWorld Atlas for an initial trial period, in which case the Term runs for a period of 14 days or otherwise at the sole discretion of Wiley. If You choose to convert your trial period into an ongoing licence, by payment of a licence fee or as otherwise determined by Wiley, the continued use of MyWorld Atlas will be governed by these terms and conditions.

5. Second Hand sales of the Book

If You have purchased a copy of the printed Book in association with myWorldAtlas, You may sell the Book to a new user along with the Access Code contained in the Book, however the new user will only be granted ‘lite' access to myWorldAtlas, even where You may have upgraded your own personal registration to ‘full' access. The new user will be required to pay an additional amount to upgrade to the ‘full' version of myWorldAtlas. The new user thereby becomes the sole user of that Access Code and will be subject to a new Licence Agreement on registration. You will no longer be able to access MyWorld Atlas with that Access Code once transferred.

6. Termination

  1. At the expiration of the Term, this Licence Agreement will be automatically terminated.
  2. If Wiley determines a breach of this Licence Agreement, your licence and Access Code are automatically terminated. If Wiley terminates the licence due to a breach, such termination will be in addition to and not in lieu of any equitable, civil, or other remedies available to Wiley.
  3. Upon termination, You agree to delete any saved material from MyWorld Atlas You may have retained in personal files separate from the online version of MyWorld Atlas.
  4. Wiley agrees to store your MyWorld Atlas profile (including your results and any content You have added to the system) for no less than 12 months from expiry of your Access code. If You choose to re-register with a new Access Code via the same JacPLUS profile within 12 months, Your MyWorld Atlas profile and stored material will be available to You.

7. Wiley's Rights

You acknowledge that all rights (including without limitation, copyrights, patents and trademarks) in MyWorld Atlas (including without limitation the structure, sequence, organisation, flow, logic, source code, object code and all means and forms of operation of MyWorld Atlas) are the sole and exclusive property of Wiley, and/or its licensors. By accepting this Licence Agreement You do not become the owner of MyWorld Atlas, but You do have the right to use it in accordance with the provisions of this Agreement. You agree to protect MyWorld Atlas from unauthorised use, reproduction or distribution. You further agree not to decompile, disassemble or otherwise reverse engineer the underlying source code of MyWorld Atlas.

You may use MyWorld Atlas to create your own content for your personal use only in the course of study and research and, in the case of third party material, in accordance with the fair use provisions of the Copyright Act 1968 (Cth). Nothing in this Agreement allows You to on-license MyWorld Atlas or any part thereof, or to communicate MyWorld Atlas to the public.

8. Warranty and Indemnity

  1. Wiley makes no representations or warranties, express or implied, in respect of MyWorld Atlas, other than that Wiley will use commercially reasonable best efforts to provide continued access to MyWorld Atlas for the length of the Term. To the extent allowable by law, Wiley provides the access ‘as is' and does not provide any other warranties or guarantees, express or implied, as to any availability, fitness for purpose, merchantability or title. Access to MyWorld Atlas may be intermittently unavailable due to repair and maintenance, and other events out of Wiley's control. Notwithstanding the foregoing, where Australian legislation, including but not limited to the Competition and Consumer Act (Cth), implies any condition or warranty on the supply of MyWorld Atlas, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement.
  2. To the extent allowable by law, Wiley or its licensors will not be liable to You for any damages, including without limitation lost opportunity, lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use MyWorld Atlas or any damage caused to You or Your property by utilising MyWorld Atlas and the liability of Wiley for any breach of any non-excluded condition or warranty shall be limited, at the option of Wiley, to the replacement of MyWorld Atlas, the supply of an equivalent product or service, or to the costs paid by You for MyWorld Atlas and its associated products.
  3. The user generated comments and images available on MyWorld Atlas are not monitored, controlled or authorised by Wiley, and although Wiley will endeavour to ensure material is non-infringing and age appropriate, it accepts no liability or responsibility for the user generated content added to the MyWorld Atlas or any breach of this user agreement by third parties.
  4. You warrant that You will not use MyWorld Atlas otherwise than in accordance with the terms of this Licence Agreement. If Wiley deems it necessary, Wiley may pursue injunctive relief to protect its copyright in MyWorld Atlas, as well as pursuing any other remedies available at law.
  5. In regard to any material (including text, images or audio visual material) You contribute or upload to MyWorld Atlas: You represent and warrant that You have the right to enter into this agreement; can contribute, upload or communicate the material, can convey all rights for use within or associated with MyWorld Atlas to the Publisher; the material contains no libellous or unlawful material or instructions that may cause harm or injury; it does not infringe upon or violate any copyright, trademark, trade secret or other right or the privacy of others; and statements in the material asserted as fact are true. You will hold Wiley harmless against all liability, including expenses and reasonable legal fees, from any claim that if sustained would constitute a breach of the foregoing warranties. The provisions of this paragraph will survive termination of this Agreement.

9. Interpretation and Procedural

  1. The headings in this Agreement shall not affect its interpretation and are for convenience only.
  2. This Agreement embodies the entire understanding and agreement between the parties as to its subject matter of this Agreement.
  3. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.  
  4. If a dispute arises in relation to this Agreement, the parties shall use all reasonable endeavours to resolve it amicably and expeditiously.

10. Jurisdiction

This Agreement will be construed and interpreted according to the laws of the State of Queensland in Australia; any legal action will be instituted in a court of competent jurisdiction in Brisbane; and each party consents and submits to the personal jurisdiction of such court, waives any objection to venue of such court, and consents to service of process by registered or certified mail, return receipt requested, at such party's last known address.

11. Changes and Notification

These terms and conditions are subject to change from time to time at the sole discretion of Wiley. Wiley will display a notice of any such changes on your home page, and continued use of MyWorld Atlas will be deemed to be acceptance of any new terms and conditions.

You agree that Wiley may, from time to time, notify You regarding updates, additions or amendments to MyWorld Atlas and any associated services. Personal information received in relation to this Licence Agreement will be treated by Wiley in accordance with Wiley's privacy policy.

Knowledge Quest: English 1 online game

Knowledge Quest Licence Agreement


This Licence Agreement sets out the terms and conditions under which John Wiley & Sons Australia, Ltd ABN: 67 009 673 081 of 42 McDougall St, Milton, QLD 4064, Australia (‘Wiley') grants the user (‘You') the rights to use the Knowledge Quest: English 1 Online Game online product, being an educational online game ("Knowledge Quest").

This Licence Agreement is meant for persons who are over the age of 12. If you are 12 or older, but under 18, you should review this Agreement with a parent or guardian - or if your School has provided you with access, your teacher - to ensure you understand all the terms.


1. Licensed Rights

For good and valuable consideration, Wiley grants You the non-exclusive licence to access and use Knowledge Quest for your personal non-commercial use only, on the following terms and conditions. This licence is non-transferable.

2. Conditions of Use

Wiley has or will provide You access to Knowledge Quest with a unique access code ('Access Code'). The Access Code will be kept confidential by You and registered to your individual email address for the term of your licence as set out in clause 3 below. Where You are a parent or guardian entering into this Licence Agreement on behalf of a child, You may solely grant that one child access provided that they comply with the terms and conditions of this Licence Agreement. You understand that You are required to have a connection to the internet in order to use Knowledge Quest.

You agree to comply with the following:

  1. No sharing with others: You will not share, exchange or give access to Knowledge Quest or any part thereof to any other person. You will not share or allow anyone else to use your Access Code when You are not using it.
  2. Access only on one computer at a time: You will not use or attempt to use Knowledge Quest on more than one computer at any one time.
  3. No uploading: You will not make Knowledge Quest, or any part thereof, available on public internet sites or in any way allow anyone without authorised access to access Knowledge Quest.
  4. No unauthorised circumvention or distribution: You will not attempt to circumvent Wiley's digital protection measures surrounding Knowledge Quest, make or distribute unauthorised copies of Knowledge Quest, or use, copy, modify, or transfer any part of Knowledge Quest, in whole or in part.

3. Term

The licence granted for your use of Knowledge Quest is valid for 365 548 days from the date on which You indicate your acceptance to these terms and conditions ("Term"), unless terminated earlier in accordance with clause 4 below.

Notwithstanding the above, Wiley may grant You access to Knowledge Quest for an initial trial period, in which case the Term runs for a period of 14 days or otherwise at the sole discretion of Wiley. If You choose to convert your trial period into an ongoing licence, by payment of a licence fee or as otherwise determined by Wiley, the continued use of Knowledge Quest will be governed by these terms and conditions.

4. Termination

At the expiration of the Term, this Licence Agreement will be automatically terminated. If Wiley determines You have breached this Licence Agreement, Your licence and Access Code may be summarily terminated. If Wiley terminates the licence due to breach, such termination will be in addition to and not in lieu of any equitable, civil, or other remedies available to Wiley.

Upon termination, You agree to delete and destroy any part of Knowledge Quest which You may have retained in any format.

5. Wiley's Rights

You acknowledge that all rights (including without limitation copyrights, patents and trademarks) in Knowledge Quest (including without limitation the structure, sequence, organisation, flow, logic, source code, object code and all means and forms of operation of Knowledge Quest) are the sole and exclusive property of Wiley, and/or its licensors. You agree to protect Knowledge Quest from unauthorised use, reproduction or distribution. You further agree not to decompile, disassemble or otherwise reverse engineer the underlying source code of Knowledge Quest. You may use Knowledge Quest in accordance with this licence. Nothing in this Agreement allows You to on-license Knowledge Quest or any part thereof, or to communicate Knowledge Quest to the public.

6. Warranty and Indemnity

  1. Wiley makes no representations or warranties, express or implied, in respect of Knowledge Quest, other than that Wiley will use commercially reasonable best efforts to provide continued access to Knowledge Quest for the length of the Term. Wiley makes no warranty regarding the correctness or accuracy of Knowledge Quest. To the extent allowable by law, Wiley provides the access 'as is' and does not provide any other warranties or guarantees, express or implied, as to any availability, fitness for purpose, merchantability or title. Access to Knowledge Quest may be intermittently unavailable due to repair and maintenance, and other events out of Wiley's control. Notwithstanding the foregoing, where Australian legislation, including but not limited to the Competition and Consumer Act (Cth), implies any condition or warranty on the supply of Knowledge Quest, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement.
  2. To the extent allowable by law, Wiley or its licensors will not be liable to You for any damages, including without limitation lost opportunity, lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use Knowledge Quest or any damage caused to You or Your property by utilising Knowledge Quest and the liability of Wiley for any breach of any non-excluded condition or warranty shall be limited, at the option of Wiley, to the replacement of Knowledge Quest, the supply of an equivalent product or service, or to the costs paid by You for Knowledge Quest and its associated products.
  3. You warrant that You will not use Knowledge Quest otherwise than in accordance with the terms of this Licence Agreement. If Wiley deems it necessary, Wiley may pursue injunctive relief to protect its copyright in Knowledge Quest, as well as pursuing any other remedies available at law.

7. Interpretation and Procedural

  1. The headings in this Agreement shall not affect its interpretation and are for convenience only.
  2. This Agreement embodies the entire understanding and agreement between the parties as to its subject matter of this Agreement.
  3. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
  4. If a dispute arises in relation to this Agreement, the parties shall use all reasonable endeavours to resolve it amicably and expeditiously.

8. Jurisdiction

This Agreement will be construed and interpreted according to the laws of the State of Queensland in Australia; any legal action will be instituted in a court of competent jurisdiction in Brisbane; and each party consents and submits to the personal jurisdiction of such court, waives any objection to venue of such court, and consents to service of process by registered or certified mail, return receipt requested, at such party's last known address.

9. Changes and Notification

These terms and conditions are subject to change from time to time at the sole discretion of Wiley. Wiley will display a notice of such changes on your home page, and continued use of Knowledge Quest will be deemed to be acceptance of any new terms and conditions.

You agree that Wiley may, from time to time, notify You regarding updates, additions or amendments to Knowledge Quest and any associated services. Personal information received in relation to this Licence Agreement will be treated by Wiley in accordance with Wiley's privacy policy.

Knowledge Quest: English 2 online game

Knowledge Quest Licence Agreement


This Licence Agreement sets out the terms and conditions under which John Wiley & Sons Australia, Ltd ABN: 67 009 673 081 of 42 McDougall St, Milton, QLD 4064, Australia ('Wiley') grants the user ('You') the rights to use the Knowledge Quest: English 2 Online Game online product, being an educational online game ("Knowledge Quest").

This Licence Agreement is meant for persons who are over the age of 12. If you are 12 or older, but under 18, you should review this Agreement with a parent or guardian - or if your School has provided you with access, your teacher - to ensure you understand all the terms.


1. Licensed Rights

For good and valuable consideration, Wiley grants You the non-exclusive licence to access and use Knowledge Quest for your personal non-commercial use only, on the following terms and conditions. This licence is non-transferable.

2. Conditions of Use

Wiley has or will provide You access to Knowledge Quest with a unique access code ('Access Code'). The Access Code will be kept confidential by You and registered to your individual email address for the term of your licence as set out in clause 3 below. Where You are a parent or guardian entering into this Licence Agreement on behalf of a child, You may solely grant that one child access provided that they comply with the terms and conditions of this Licence Agreement. You understand that You are required to have a connection to the internet in order to use Knowledge Quest.

You agree to comply with the following:

  1. No sharing with others: You will not share, exchange or give access to Knowledge Quest or any part thereof to any other person. You will not share or allow anyone else to use your Access Code when You are not using it.
  2. Access only on one computer at a time: You will not use or attempt to use Knowledge Quest on more than one computer at any one time.
  3. No uploading: You will not make Knowledge Quest, or any part thereof, available on public internet sites or in any way allow anyone without authorised access to access Knowledge Quest.
  4. No unauthorised circumvention or distribution: You will not attempt to circumvent Wiley's digital protection measures surrounding Knowledge Quest, make or distribute unauthorised copies of Knowledge Quest, or use, copy, modify, or transfer any part of Knowledge Quest, in whole or in part.

3. Term

The licence granted for your use of Knowledge Quest is valid for 365 548 days from the date on which You indicate your acceptance to these terms and conditions ("Term"), unless terminated earlier in accordance with clause 4 below.

Notwithstanding the above, Wiley may grant You access to Knowledge Quest for an initial trial period, in which case the Term runs for a period of 14 days or otherwise at the sole discretion of Wiley. If You choose to convert your trial period into an ongoing licence, by payment of a licence fee or as otherwise determined by Wiley, the continued use of Knowledge Quest will be governed by these terms and conditions.

4. Termination

At the expiration of the Term, this Licence Agreement will be automatically terminated. If Wiley determines You have breached this Licence Agreement, Your licence and Access Code may be summarily terminated. If Wiley terminates the licence due to breach, such termination will be in addition to and not in lieu of any equitable, civil, or other remedies available to Wiley.

Upon termination, You agree to delete and destroy any part of Knowledge Quest which You may have retained in any format.

5. Wiley's Rights

You acknowledge that all rights (including without limitation copyrights, patents and trademarks) in Knowledge Quest (including without limitation the structure, sequence, organisation, flow, logic, source code, object code and all means and forms of operation of Knowledge Quest) are the sole and exclusive property of Wiley, and/or its licensors. You agree to protect Knowledge Quest from unauthorised use, reproduction or distribution. You further agree not to decompile, disassemble or otherwise reverse engineer the underlying source code of Knowledge Quest. You may use Knowledge Quest in accordance with this licence. Nothing in this Agreement allows You to on-license Knowledge Quest or any part thereof, or to communicate Knowledge Quest to the public.

6. Warranty and Indemnity

  1. Wiley makes no representations or warranties, express or implied, in respect of Knowledge Quest, other than that Wiley will use commercially reasonable best efforts to provide continued access to Knowledge Quest for the length of the Term. Wiley makes no warranty regarding the correctness or accuracy of Knowledge Quest. To the extent allowable by law, Wiley provides the access 'as is' and does not provide any other warranties or guarantees, express or implied, as to any availability, fitness for purpose, merchantability or title. Access to Knowledge Quest may be intermittently unavailable due to repair and maintenance, and other events out of Wiley's control. Notwithstanding the foregoing, where Australian legislation, including but not limited to the Competition and Consumer Act (Cth), implies any condition or warranty on the supply of Knowledge Quest, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement.
  2. To the extent allowable by law, Wiley or its licensors will not be liable to You for any damages, including without limitation lost opportunity, lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use Knowledge Quest or any damage caused to You or Your property by utilising Knowledge Quest and the liability of Wiley for any breach of any non-excluded condition or warranty shall be limited, at the option of Wiley, to the replacement of Knowledge Quest, the supply of an equivalent product or service, or to the costs paid by You for Knowledge Quest and its associated products.
  3. You warrant that You will not use Knowledge Quest otherwise than in accordance with the terms of this Licence Agreement. If Wiley deems it necessary, Wiley may pursue injunctive relief to protect its copyright in Knowledge Quest, as well as pursuing any other remedies available at law.

7. Interpretation and Procedural

  1. The headings in this Agreement shall not affect its interpretation and are for convenience only.
  2. This Agreement embodies the entire understanding and agreement between the parties as to its subject matter of this Agreement.
  3. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
  4. If a dispute arises in relation to this Agreement, the parties shall use all reasonable endeavours to resolve it amicably and expeditiously.

8. Jurisdiction

This Agreement will be construed and interpreted according to the laws of the State of Queensland in Australia; any legal action will be instituted in a court of competent jurisdiction in Brisbane; and each party consents and submits to the personal jurisdiction of such court, waives any objection to venue of such court, and consents to service of process by registered or certified mail, return receipt requested, at such party's last known address.

9. Changes and Notification

These terms and conditions are subject to change from time to time at the sole discretion of Wiley. Wiley will display a notice of such changes on your home page, and continued use of Knowledge Quest will be deemed to be acceptance of any new terms and conditions.

You agree that Wiley may, from time to time, notify You regarding updates, additions or amendments to Knowledge Quest and any associated services. Personal information received in relation to this Licence Agreement will be treated by Wiley in accordance with Wiley's privacy policy.

assessON Licence Agreement

 assessON Licence Agreement

This Licence Agreement sets out the terms and conditions under which John Wiley & Sons Australia, Ltd ABN: 67 009 673 081 of 42 McDougall St, Milton, QLD 4064, Australia (‘Wiley') grants the user (‘You') the rights to use the assessON online product.
‘assessON' is an online assessment tool developed by Wiley for use by teachers and students.

This Licence Agreement is meant for persons who are over the age of 12. If you are 12 or older, but under 18, you should review this Agreement with a parent or guardian - or if your School has provided you with access, your teacher - to ensure you understand all the terms.

1.  Licensed Rights

For good and valuable consideration, Wiley grants You the non-exclusive licence to access, read and use assessON on the following terms and conditions. This licence is non-transferable.

2.  Conditions of Use

Wiley has or will provide You access to assessON with a unique access code (‘Access Code').  The Access Code will be kept confidential by You and registered to your individual email address for the term of your licence as set out in clause 3 below. Where You are a parent or guardian entering into this Licence Agreement on behalf of a child, You may solely grant that one child access provided that they comply with the terms and conditions of this Licence Agreement.

You agree to comply with the following:

  1. You will use assessON for your personal use or teaching use only, in the course of research, study or education.
    Personal use means any reasonable use for your own learning and education. Teaching use means any reasonable use in relation to teaching students in the course of your employment or otherwise.  You may:
    • view and use assessON online through Wiley's website;
    • answer questions set by your teacher;
    • as a teacher, create and share tests and other assessments with students who are also registered users of assessON; or
    • print reports from assessON as it appears on Wiley's website.
  2. Under the terms of this licence, and except as detailed in (a) above, You may not:
    • Copy, paste, share, distribute, download  or communicate assessON or parts thereof;
    • adapt assessON or any parts thereof, except within your personalised section of assessON;
    • use or attempt to use assessON on more than one computer at any one time;
    • share or allow anyone else to use your Access Code when You are not using it;
    • make assessON, or any part thereof, available on shared school websites or public internet sites or in any way allow anyone without authorised access to read, download or access assessON. 
  3. You acknowledge that copyright in the assessON compilation vests in Wiley. You grant Wiley a non-exclusive, royalty free, worldwide, permanent licence to communicate and reproduce any material which You contribute to assessON in any form.
  4. You will not attempt to circumvent Wiley's digital protection measures surrounding assessON, make or distribute unauthorised copies of assessON, or use, copy, modify, or transfer assessON, in whole or in part, except as expressly permitted by this Agreement.

3. Term

The licence granted for your use of assessON is valid for 485 days (i.e. approximately 16 months) from the date on which You indicate your acceptance to these terms and conditions ("Term").

Notwithstanding the above, Wiley may grant You access to assessON for an initial trial period, in which case the Term runs for a period of 14 days or otherwise at the sole discretion of Wiley. If You choose to convert your trial period into an ongoing licence, by payment of a licence fee or as otherwise determined by Wiley, the continued use of assessON will be governed by these terms and conditions.

4. Termination

At the expiration of the Term, or on the date on which a new licence agreement is entered into by You for assessON for a further period, whichever is the earlier, this Licence Agreement will be automatically terminated.
If Wiley determines You have breached this Licence Agreement, Your licence and Access Code may be summarily terminated.  If Wiley terminates the licence due to breach, such termination will be in addition to and not in lieu of any equitable, civil, or other remedies available to Wiley.
Upon termination, You agree to delete and destroy assessON, or any part thereof, which You may have retained in any format.

5. Wiley's Rights

You acknowledge that all rights (including without limitation copyrights, patents and trademarks) in assessONassessON (including without limitation the structure, sequence, organisation, flow, logic, source code, object code and all means and forms of operation of assessONassessON) are the sole and exclusive property of Wiley, and/or its licensors.    You agree to protect assessON from unauthorised use, reproduction or distribution.  You further agree not to decompile, disassemble or otherwise reverse engineer the underlying source code of assessON. You may use assessON in accordance with this licence or in accordance with the fair use provisions of the Copyright Act 1968 (Cth).  Nothing in this Agreement allows You to on-license assessON or any part thereof, or to communicate assessON to the public. 

6. Warranty and Indemnity

  1. Wiley makes no representations or warranties, express or implied, in respect of assessON, other than that Wiley will use commercially reasonable best efforts to provide continued access to assessON for the length of the Term. Wiley makes no warranty regarding the correctness or accuracy of assessON or the material in which each party owns copyright. To the extent allowable by law, Wiley provides the access ‘as is' and does not provide any other warranties or guarantees, express or implied, as to any availability, fitness for purpose, merchantability or title. Access to assessON may be intermittently unavailable due to repair and maintenance, and other events out of Wiley's control. Notwithstanding the foregoing, where Australian legislation, including but not limited to the Competition and Consumer Act (Cth), implies any condition or warranty on the supply of assessON, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement.
  2. To the extent allowable by law, Wiley or its licensors, will not be liable to You for any damages, including without limitation lost opportunity, lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use assessON or any damage caused to You or Your property by utilising assessON and the liability of Wiley for any breach of any non-excluded condition or warranty shall be limited, at the option of Wiley, to the replacement of assessON, the supply of an equivalent product or service, or to the costs paid by You for assessON and its associated products.
  3. You warrant that You will not use assessON otherwise than in accordance with the terms of this Licence Agreement. If Wiley deems it necessary, Wiley may pursue injunctive relief to protect its copyright in assessON, as well as pursuing any other remedies available at law.

7. Interpretation and Procedural

  1. The headings in this Agreement shall not affect its interpretation and are for convenience only.
  2. This Agreement embodies the entire understanding and agreement between the parties as to its subject matter of this Agreement.
  3. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.  
  4. If a dispute arises in relation to this Agreement, the parties shall use all reasonable endeavours to resolve it amicably and expeditiously.

8. Jurisdiction

This Agreement will be construed and interpreted according to the laws of the State of Queensland in Australia; any legal action will be instituted in a court of competent jurisdiction in Brisbane; and each party consents and submits to the personal jurisdiction of such court, waives any objection to venue of such court, and consents to service of process by registered or certified mail, return receipt requested, at such party's last known address.

9. Changes and Notification

These terms and conditions are subject to change from time to time at the sole discretion of Wiley.  Wiley will display a notice of such changes on your home page, and continued use of assessON will be deemed to be acceptance of any new terms and conditions.  

You agree that Wiley may, from time to time, notify You regarding updates, additions or amendments to assessON and any associated services. Personal information received in relation to this Licence Agreement will be treated by Wiley in accordance with Wiley's privacy policy : http://au.wiley.com/WileyCDA/Section/id-370026.html

Your Tutor Licence Agreement

JACPLUS - YOURTUTOR

SUMMARY & TERMS AND CONDITIONS

 

 

SUMMARY

 

Jacaranda is the authorised reseller for the product ‘YourTutor’ (“ the Product”) which is an online tutoring service provided by Tutoring Australasia and this agreement grants the School a licence to use the YourTutor Product on the terms set out in this Summary and the terms and conditions following the Summary.

 

Who may use the Product?

 

The Product may only be used by the relevant Licensed Students, who are students of the School.

 

How can the Product be used?

 

The Licensed Students of the School may use the Product in the following manner:

·            View and interact with the Product using their personal log-in on computers or devices.

 

How the Products CANNOT be used:

For clarity, except as provided above, this licence does not authorise users to:

·           Use the Product on more than one computer or device at a time with the same user log-in.

·           Share a personal log-in and password with any other person.

 

Please see the full terms and conditions following for definitions and all other terms.

 

 

JACARANDA TERMS & CONDITIONS

1)       Definitions

 

a)     In these terms:

 

“Jacaranda” means John Wiley & Sons Australia, Ltd which is the authorised re-seller of the Products.

 

“Tutoring Australasia” means Tutoring Australasia Pty Ltd which is the owner and licensor of the Product.


“School” means the school which is the purchaser of the Product as specified on the Invoice.


“Product” means the licence(s) for the digital product, YourTutor.


“Duration” means the period of time for which School is granted access to the Product, as specified by the expiry information written on the Invoice.


“Invoice” means the invoice which is overleaf, attached or provided with these conditions.


“Licensed Students” means the students of the School licensed to use the Product as purchased by the School for student use in the quantity as set out on the Invoice;


“Fee” means the total amount as set out on the invoice and inclusive of GST.

2)       Access

 

a)     Jacaranda is an authorised re-seller of the Products and the link to the Product is provided by Jacaranda subject to separate terms and conditions between the School and Tutoring Australasia as set out in the YourTutor terms and conditions attached (“Licence”) for the Duration. Jacaranda is responsible for collecting payments and providing a link through the JacPLUS portal to the YourTutor service and product only. Payment of the Fee to Jacaranda is deemed to be acceptance of these terms and the Licence.

 

b)    The School and all Licensed Students must take their own precautions to ensure that that the process used for accessing the Products on Jacaranda’s or Tutoring Australasia’s website does not expose the User or the School to the risk of viruses, trojan horses or other malicious computer code that may damage the system or data. No responsibility is accepted by Jacaranda or Tutoring Australasia for any loss or damage caused by the School’s or any Licensed Student’s or any other person’s access to the Products.

 

3)       Delivery

 

a)     The School shall deliver all names and email addresses of Licensed Students for the Product to Jacaranda in an agreed format.

 

b)    Jacaranda shall:

 

i)      Set up JacPLUS accounts for each Licensed Student;

ii)     Add the relevant Product link to each Licensed Student account;

iii)    Provide initial passwords for each Licensed Student to the School for distribution.

 

4)     Transfers and Additional Licensed Students

 

a)     In the event that the School wants to cease, grant or transfer access to any person (for example, due to the cessation of the Licensed Student’s enrolment in the Duration of this Licence), the School shall inform the Account Manager of Jacaranda assigned to the School and Jacaranda shall grant, cease or transfer access for that nominated person for no additional fee, provided that the total number of Licensed Students for the School do not total more than the number of Licensed Students as licensed under this Licence.

 

b)    In the event that the School wishes to add additional Licensed Students or Licensed Staff, in greater numbers than purchased under this Agreement, the School shall contact the Account Manager of Jacaranda assigned to the School and Jacaranda shall grant access to the additional Licensed Student member on payment of an additional Fee.

 

5)       Privacy and Data Collection

 

a)     Personal information received by Jacaranda shall be treated in accordance with Jacaranda’s privacy policy http://www.jacplus.com.au/jsp/general-nav/copyright/privacy_policy.jsp. For the avoidance of doubt, Jacaranda does not disclose any personal information about any Licensed Student to any third party, other than as necessary for providing the services and always subject to the same privacy obligations as Jacaranda. Jacaranda does not sell Licensed Student personal information under any circumstances.

 

6)       Payment Terms

 

a)     Unless otherwise agreed in writing, payment of Fees must be made within 90 days of the date of the Invoice. All Fees are non-refundable.

 

b)    In the event that the School does not pay any amount due within 30 days of the due date for payment, Jacaranda shall have the right to restrict all user access to the Products until such payment is made.

7)       Termination

a)     Jacaranda may terminate access to the Product in whole or in part on 14 days’ notice if any of these terms are breached. In addition, the School acknowledges that Tutoring Australasia may terminate or suspend access if its Licence terms are breached.

b)    In the event that Jacaranda continues to provide online access to the Products following the expiry of the Duration or termination of these terms or the Licence, the School acknowledges that any continued access remains on the same terms and conditions and that Jacaranda may cease this continued access at any time.

 

8)       Limitation of liability

 

a)     Jacaranda disclaims all responsibility for the accuracy or performance of the Product and solely provides the School’s Licensed Students with access to the Product which is hosted and maintained by Tutoring Australasia. To the maximum extent permitted by law, all express or implied terms, conditions, warranties, statements, assurances and representations in relation to the Product or arising from the Summary or these terms and conditions are expressly excluded. If any of the exclusions or limitations set out in this clause are declared illegal or void or if there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by law, then, to the extent permitted by law, our entire liability and your exclusive remedy is limited to, at our discretion, the replacement of the Product or the supply of an equivalent Product.

b)    In no event will Jacaranda, including its agents, licensors, employees or contractors, be liable for any direct, indirect or consequential loss (even if Jacaranda is or was aware of the possibility of such loss or if such loss was otherwise foreseeable), including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption, however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of any performance or non-performance of the Product or of Jacaranda.

c)     To the maximum extent permitted by law, Jacaranda’s maximum cumulative liability under these terms and conditions shall not exceed an amount greater than the amount the School paid for the relevant Product.

 

9)       General

 

a)     If any provision of this licence is held to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of this licence, and the remainder of this licence shall continue in full force and effect.

b)    If Jacaranda waives its rights on any given occasion, this does not mean that there has been a waiver of Jacaranda’s rights in future.

c)     This Licence and any properly executed amendments constitute the entire agreement between the parties and supersedes all other prior written or oral agreements and negotiations between the parties regarding this transaction.

 

10)  Choice of law and jurisdiction

 

The construction, validity and performance of these terms and conditions and the Summary are governed in all respects by the law of Victoria and the parties unconditionally submit to the jurisdiction of the courts of Victoria.

 

 

YOURTUTOR TERMS & CONDITIONS

1)       Definitions

 

a)     In these terms:

 

“Jacaranda” means John Wiley & Sons Australia, Ltd which is the authorised re-seller of the Products.

 

“Tutoring Australasia” or “TA” means Tutoring Australasia Pty Ltd which is the owner and licensor of the Product.


“School” means the school which is the purchaser of the Product as specified on the Invoice.

 

“Product” or “Service” means the licence(s) for the digital product, yourtutor.


“Duration” means the period of time for which School is granted access to the Product, as specified by the expiry information written on the Invoice.


 “Licensed Students” or “Users” mean the students of the School licensed to use the Product as purchased by the School for student use in the quantity as set out on the Invoice.

 

      2) Licence

      a.   Grant. TA hereby grants to the School a non-exclusive non-transferable, limited licence to use the Services during the Duration, subject to the terms and conditions set forth in this Agreement. TA hereby grants to the School the right to permit Users to use the Services in accordance with the terms of the School’s permitted use under this Agreement.

      b.   Limitation to Grant.  Except as set forth herein or in any attachment to this Agreement, the School shall not use the Services in any manner to provide web-based communication Services to any third party, nor shall the School sublicence, transfer or distribute the Services, or any portion thereof, to any third party.  The School acknowledges that no source code or technical level documentation, which is provided by TA in connection with the Services, is licenced under this Agreement.

c. Reservation of Rights. TA reserves all other rights to the Services, including without limitation the right to access and modify the Services for training, maintenance, upgrades, and security purposes.

 

3.            Proprietary Rights

a.   TA Property.  All aspects of the Services, in whole or in part, including but not limited to the look and feel of the TA template pages, and all intellectual property and/or proprietary rights therein, including without limitation, copyright, moral rights, patent rights (including patent applications and disclosures), trademarks, rights of priority, publicity rights, and trade secret rights, recognized in any country or jurisdiction in the world, are the sole and exclusive property of TA (the “TA Property”).  The TA Property shall include all changes and addition to the Services and all derivatives works thereof. 

b.   Proprietary Notices.  The School shall not delete or in any manner alter the copyright, trademark, or other proprietary notices of TA, if any, appearing on the Services as delivered to the School.  The School shall reproduce such notices on all copies it makes of the Services.

c.   Obligation to Parties. The School shall use commercially reasonable efforts to protect the TA Property and all of TA’s rights therein and to cooperate in TA’s efforts to protect its proprietary rights.  The School promptly shall notify TA of any known or suspected breach of TA proprietary rights to the Services that may come to the attention of the School.  The School acknowledges and agrees that this Agreement in no way shall be construed to provide to the School, or any other person or entity, any express or implied licence to use, copy, reverse engineer, or otherwise exploit the TA Property or Services or any portion thereof (including any intellectual property embodied therein) other than as specifically set forth in this Agreement.

 

4)       Service Access and Availability

 

Schools and Licensed Students will be able to use yourtutor to assist them with their VCE mathematics revision, home study, and learning support, as and when they need assistance, from 3pm to 10pm, Sundays through Fridays, during term and school holidays. yourtutor is online approximately 48 weeks per year, with a break over the school summer holiday period.

 

The School acknowledges that yourtutor is a human service that connects students to trained, experts for live, one-to-one tuition support, and, while we make best efforts to connect students quickly and reliably, there may be times during unusually high demand when students wait for extended periods of time. Tutors are instructed to ensure all students are given a "fair go" and no students are allowed to monopolise the tutors' time.

 

Nothing in this License constitutes a guarantee by Tutoring Australasia that it will serve every Licenced Student’s request for access to the Product on any given day.

 


5)     Usage of the Product

 
Each Jacplus/yourtutor account is established for the exclusive, individual use of a single student, and the authentication credentials associated with that account must be kept confidential.

     Any Jacplus/yourtutor Licensed Student account that appears to have been compromised or is being used in a manner Tutoring Australasia determines to be excessive may be restricted at the discretion of Tutoring Australasia.

     Any Jacplus/yourtutor Licensed Student account that exhibits inappropriate communication of any type may be restricted at the discretion of Tutoring Australasia.

     Any School that Tutoring Australasia determines may have provided access to the online learning service to more students, or to students other than those who have purchased subscriptions, may have their access restricted or otherwise limited.


6)
     Privacy and Data Collection

 

a)       Personal information received by Tutoring Australasia shall be treated in accordance with Jacaranda’s privacy policy with all references to Jacaranda or Wiley applying equally to Tutoring Australasia:

http://www.jacplus.com.au/jsp/general-nav/copyright/privacy_policy.jsp. For the avoidance of doubt, Tutoring Australasia does not disclose any personal information about any Licensed Student to any third party, other than as necessary for providing the services and always subject to the same privacy obligations as Tutoring Australasia. Tutoring Australasia does not sell Licensed Student personal information under any circumstances.

b) TA reserves the right, in accordance with applicable law, to disclose aggregate usage,  and other information relating to usage by the School and its Users of the services for the purpose of (i) improving the product (ii) informing the School of its use of the Services to improve adoption of the Services within the School; and/or (iii) demonstrating usage of the Services to other Schools (potential clients) and TA investors.  The School hereby grants TA the right to use quotes from faculty and staff regarding the Services for the limited purpose of marketing and public relations.  However, other than TA’s right to refer to School as a customer of TA, which is hereby permitted, TA shall not publish any press releases regarding the School’s use of the Services or quotes from the School faculty or staff without obtaining the prior written consent of the School.

 

7)   Confidentiality. 

 

Each party shall retain in strict confidence the confidential information of the other party.  The School hereby acknowledges that the TA Property is Confidential Information of TA.  Confidential Information also includes, without limitation, trade secrets, TA Property documentation, specifications, designs, development plans, business plans, sales projections, business records, prices and customer lists.  .  The obligations of confidentiality set forth in this Section 7 shall survive termination.  In the event of any breach of the provisions of this Section 7, the School agrees that TA would suffer irreparable harm and shall therefore be entitled to obtain injunctive relief against the School in addition to any other rights and remedies available to TA at law or in equity, or otherwise.

 

 

8)         Termination

a)       Tutoring Australasia may terminate or suspend access to the Product in whole or in part on 14 days’ notice if any of these terms are breached and can terminate the service immediately if the breach is considered sufficiently serious.

b)      In the event that Tutoring Australasia continues to provide online access to the Products following the expiry of the Duration or termination of these terms or the Licence, the School acknowledges that any continued access remains on the same terms and conditions and that Tutoring Australasia may cease this continued access at any time.

9)       Limitation of liability

a)   Although efforts are made by Tutoring Australasia to ensure its tutors maintain accurate and up to date information, Tutoring Australasia does not warrant that the information provided by its tutors is accurate, adequate or complete. To the maximum extent permitted by law, all express or implied terms, conditions, warranties, statements, assurances and representations in relation to the Product or arising from the Summary or these terms and conditions are expressly excluded. If any of the exclusions or limitations set out in this clause are declared illegal or void or if there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by law, then, to the extent permitted by law, our entire liability and your exclusive remedy is limited to, at our discretion, the replacement of the Product or the supply of an equivalent Product.

 

b)      In no event will Tutoring Australasia, including its agents, licensors, employees or contractors, be liable for any direct, indirect or consequential loss (even if Tutoring Australasia is or was aware of the possibility of such loss or if such loss was otherwise foreseeable), including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption, however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of any performance or non-performance of the Product or of Jacaranda.

 

c)       To the maximum extent permitted by law, Tutoring Australasia’s maximum cumulative liability under these terms and conditions shall not exceed an amount greater than the amount the School paid for the relevant Product.

10)   General

a)       If any provision of this licence is held to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of this licence, and the remainder of this licence shall continue in full force and effect.

b)      If Tutoring Australasia waives its rights on any given occasion, this does not mean that there has been a waiver of Tutoring Australasia’s rights in future.

c)       This Licence and any properly executed amendments constitute the entire agreement between the parties and supersedes all other prior written or oral agreements and negotiations between the parties regarding this transaction.

11)   Choice of law and jurisdiction

The construction, validity and performance of these terms and conditions are governed in all respects by the law of New South Wales and the parties unconditionally submit to the jurisdiction of the courts of New South Wales.

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