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JacPLUS Licence Agreement

This Licence Agreement (as set out in the summary and in the full terms) sets out the terms and conditions under which John Wiley & Sons Australia Ltd of 42 McDougall Street, Milton, QLD 4064, Australia or its licensees (“Wiley”) grants the user (“you”) a licence to access the JacPLUS portal and online resources (“JacPLUS”).

This Licence Agreement is intended for persons 18 years or older. If you are under 18, you should review this Licence Agreement with a parent or guardian to ensure that you and your parent or guardian understand and consent to all the terms.

Terms and Conditions

1. Wiley grants you a non-exclusive, non-transferable licence to access, read and utilise the JacPLUS platform. 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 to JacPLUS on the terms of this Licence Agreement.
2. You agree to use JacPLUS for your own education and/or teaching use and to view and interact with JacPLUS using your personal log in only. You agree not to share your personal log-in or password with any other person. You also agree not to 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.
3. 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.
4. If Wiley determines a breach of this Licence Agreement, your licence to use this site may be automatically terminated. If Wiley terminates the licence due to a breach, such termination will be in addition to any 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.
5. 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.
6. 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 period of this Licence Agreement. 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 of JacPLUS or of any third party software which may be required to access JacPLUS. Access to JacPLUS may be intermittently unavailable due to repair and maintenance, and other events out of Wiley's control. 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.
7. You acknowledge that third party software may be required or recommended to access or use a particular feature of JacPLUS. Wiley may provide links to third party sites where such software may be downloaded; however Wiley provides no warranties or assurances as to the safety, suitability or any other aspect of any such third party websites or software. You acknowledge that you will be solely responsible for any damage or loss of data that may result from accessing any third party website linked from this website or downloading or using any third party software or files to your own computer from any third party links and that you do all such actions at your own risk.
8. 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, any third party software 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.
9. You warrant that you will not use JacPLUS otherwise than in accordance with the terms of this Licence Agreement.
10. 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. 
11. 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.
12. 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 to all users. If it does so, your continued use of JacPLUS will be deemed acceptance of these revised terms. Otherwise, these terms may be also amended by agreement in writing between Wiley and yourself or with your School if they have provided you with access.
13. Wiley may make changes to JacPLUS, and 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